Balasubramaniyan V v. The District Revenue Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.01.2024

CORAM

THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN V.Balasubramaniyan .. Petitioner Vs 1.The District Revenue Officer, 1st Floor Sathur Road, Virudhunagar Head Office, Virudhunagar District.

2.The Revenue Divisional Officer, The Office of RDO, Sivakasi, Virudhunagar District.

3.The Thasildar, The Office of the Thasildar, Srivilliputhur, Virudhungar District.

.. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the third respondent herein to issue patta in favour of the petitioner herein for the property in Sr.No.1235/1C1 within the time stipulated by this Court. 1/6

For Petitioner : Mr.M.Vijayarathinam For Respondents : Mr.D.Gandhi Raj Spl. Govt. Pleader

ORDER

The Petitioner has filed this Writ Petition seeking issuance of a Writ of Mandamus directing the third respondent herein to issue patta in the name of the petitioner for the property in Survey No.1235/1C1, by considering the petitioner's representation dated 19.10.2023, within the time stipulated by this Court.

2. Mr.D.Gandhi Raj, learned Special Government Pleader takes notice for the respondents. By consent, this writ petition is taken up for final disposal at the admission stage itself.

3. The learned counsel for the petitioner would submit that the petitioner has purchased the property in Survey No.1235/1C1 to an extent of 4411.04 sq.m., at Villupanoor Village, Srivilliputhur Taluk, Virudhunagar District, from his vendor Rajan and his wife Chitra. After purchasing the said property, the petitioner applied for transfer of patta in his name. The 3rd 2/6

respondent herein passed an order in Ni.Mu.Ar.T.Ar.1361/11 dated 26.07.2011 for subdividing the said property. As per the said order, the property was subdivided but so far, no separate patta was issued by the 3rd respondent in the name of the petitioner. The petitioner repeatedly requested the 3rd respondent to issue separate patta and there was no reply. Finally, the petitioner has given a representation dated 19.10.2023 to the respondents for issuance of separate patta in his name. Since the said representation is pending, the petitioner has come before this Court. He would further submit that it would suffice if the representation of the petitioner is disposed of by the respondents, on merits and in accordance with law within the time stipulated by this Court.

4. Considering the limited scope of the prayer sought for by this petitioner, this Court, without going into the merits of the claim made by the petitioner in this Writ Petition, directs the respondents to pass appropriate orders on the representation of the petitioner, dated 19.10.2023 on merits and in accordance with law, after giving notice to the interested parties, if any, within a period of eight weeks from the date of receipt of a copy of this order.

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5. With the above direction, this Writ Petition stands disposed of. No costs.

12.01.2024 Index : Yes/No Internet : Yes/No NCC : Yes/No PJL To 1.The District Revenue Officer, 1st Floor Sathur Road, Virudhunagar Head Office, Virudhunagar District.

2.The Revenue Divisional Officer, The Office of RDO, Sivakasi, Virudhunagar District.

3.The Thasildar, The Office of the Thasildar, Srivilliputhur, Virudhungar District.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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V.BHAVANI SUBBAROYAN, J.

PJL 12.01.2024 6/6