P.V.Vivinraja, S/O.Kuil @ v. The Tahsildar,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 18.08.2016
CORAM:
THE HONOURABLE MR. JUSTICE M.SATHYANARAYANAN W.P.No.27736/2016 P.V.VivinRaja ..
Petitioner Vs.
1.The Tahsildar Taluk Office, Dharmapuri Taluk Dharmapuri District.
2.The Revenue Divisional Officer Revenue Divisional Office Dharmapuri, Dharmapuri District 636701.
3.V.Murugan ..
Respondents Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of mandamus to direct the 2nd respondent to consider the petitioner's appeal by way of representation dated 14.11.2015 and issue patta in the name of the petitioner in respect of Survey Nos.356/8-0.01.5 Hec., 356/10-0.02.5 Hec., 356/13-0.11.0 Hec., in Palavadi Village, Dharmapuri Taluk, Dharmapuri District within the time to be fixed by this Court.
For Petitioner :
Mr.V.R.Annagandhi For R1&R2 :
Mr.A.N.Thambidurai, Spl.GP
O R D E R
By consent, the writ petition is taken up for final disposal. The petitioner claims that his father had inherited the
properties in S.Nos.356/8, admeasuring to an extent of 0.01.5 Hectares ; in S.Nos.356/10, admeasuring to an extent of 0.02.5 Hectares and in S.No.356/13, admeasuring to an extent of 0.11.0 Hectares at Palavadi Village, Dharmapuri Taluk and District and he was also issued with patta No.378 and 1468 in respect of the said properties and those properties were also subjected to the statutory levies. The grievance expressed by the petitioner is that the relevant entries in the revenue records have been mutated without putting the petitioner on notice and in this regard, the petitioner has submitted a representation dated 14.11.2015 to the respondents 1 and 2 and since he has not been favoured with any kind of response, the petitioner came forward to file the present writ petition.
Heard the submissions of the learned counsel for the petitioner and Mr.A.N.Thambidurai, learned Special Government Pleader who accepts notice on behalf of the respondents 1 and 2, who would submit that admittedly, the petitioner, as the plaintiff, has filed a suit in OS.No.5/2006 on the file of the Court of the District Munsif, Dharmapuri, against Ramani and five others for partition and separate possession and the said suit is still pending and unless and until the preliminary decree is passed, declaring the entitlement and share of the
petitioner/planitiff to the properties in question, he cannot pray for issuance of patta in his in name and prays for dismissal of this writ petition.
In response to the said submission, the learned counsel appearing for the petitioner would submit that the petitioner along with the other legal heirs may be permitted to submit a joint representation for deletion of the name of the 3rd respondent with a further prayer to issue joint patta and it may be considered by the 2nd respondent. This Court considered the rival submissions and also perused the materials placed before it.
This Court, in the light of the above facts and circumstances and without going into the merits of the claim projected by the petitioner, permits the petitioner and the other legal heirs, to submit one more representation to the 2nd respondent along with a copy of this order, as to the deletion of the name of the 3rd respondent and also for issuance of joint patta within a period of two weeks from the date of receipt of a copy of this order and the 2nd respondent on receipt
M.SATHYANARAYANAN, J.
AP of the same, is directed to consider the said representation on merits and in accordance with law, after putting on notice, the 3rd respondent herein and pass orders within a further period of ten weeks thereafter and communicate the decision taken, to the petitioner as well as to the 3rd respondent herein.
The writ petition is disposed of accordingly. No costs. 18.08.2016 Index : No Internet : Yes AP To 1.The Tahsildar Taluk Office, Dharmapuri Taluk Dharmapuri District.
2.The Revenue Divisional Officer Revenue Divisional Office Dharmapuri, Dharmapuri District 636701.
WP.No.27736/2016