B.Lakshminarayanan v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATE : 02.01.2025

CORAM

THE HONOURABLE MS.JUSTICE P.T.ASHA WP No.38373 of 2024 B.Lakshminarayanan ... Petitioner Vs.

1. The District Collector, Villupuram, Villupuram District.

2. The Revenue Divisional Officer, Dindivanam, Division, Villupuram District.

3. The Tahsildhar, Dindivanam Taluk, Villupuram District ... Respondents Prayer: This Writ Petition is filed under Article 226 of Constitution of India for issuance of Writ of Mandamus directing the 3rd respondent to issue the patta as per the partition deed documents to the petitioner and direct the 3rd respondent to consider the petitioner's representation dated 13.10.2024 and pass orders.

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For Petitioner : Mr.M.Senthamizhselvan For Respondents : Mr.M.R.Gokul Krishnan Additional Government Pleader for R1 to R3

ORDER

The petitioner has come forward with the writ petition contending that his father had ancestral properties in his village for a long period of time. The petitioner's grand father had executed a partition deed dated 14.10.1982 registered as document No.1675 of 1982. At the time of partition, the petitioner's father was a minor and therefore, he was represented by his elder brother. Later, the petitioner's father and his brother had executed a partition deed among themselves in the presence of the village people. Thereafter, each of them have been in possession and enjoyment of their respective shares. On 07.11.2002, the petitioner's grand father had died on account of ill health.

2.

The petitioner would submit that they have been repeatedly requesting the 3rd respondent to issue patta on the basis of the partition deed on 05.08.2024. Once again, he had approached the respondent to issue the 2/5

patta. However, the request have not been acted upon. On 13.10.2024, the petitioner had sent a registered letter to issue patta as per the partition deed. Once again, there was no response. Therefore, aggrieved the petitioner before this Court.

3.

Heard Mr.M.Senthamizhselvan, learned counsel for the petitioner and Mr.M.R.Gokul Krishnan, learned Additional Government Pleader for Respondents 1 to 3.

4.

The above narration of facts would clearly show that the petitioner is seeking issue of patta on the basis of a registered partition deed dated 14.10.1982. The petitioner has also been making request to the respondents to discharge the statutory duty which request has not been heeded to. Therefore, taking note of the indifference displayed by the respondents to discharge their statutory duty, a mandamus is issued to the 3rd respondent to consider the documents and pass orders on the petitioner's representation seeking issue of patta, within a period of twelve weeks from the date of receipt of the copy of this order. 3/5

5.

This Writ petition is allowed accordingly. No costs. 02.01.2025 rka Index :Yes/No Internet:Yes Speaking Order/Non-speaking Order To

1. The District Collector, Villupuram, Villupuram District.

2. The Revenue Divisional Officer, Dindivanam, Division, Villupuram District.

3. The Tahsildhar, Dindivanam Taluk, Villupuram District P.T.ASHA.,J 4/5

rka WP No.38373 of 2024 02.01.2025 5/5