A. Josephine Anucia v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.01.2025

CORAM

THE HONOURABLE MRS.JUSTICE N.MALA A.Josephin Anucia ... Petitioner Vs.

1. The District Collector, Dindigul District, Dindigul.

2. The Tahsildar, Authoor Taluk, Dindigul District.

3. P.Kannaya

4. P.Shanmugam ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus directing the 2nd respondent to dispose of the petitioners application in TN/REVDGL/I/MMCR/26 Jul 24/8890983 dated 26.07.2024 seeking issance of Joint Patta in the petitioners name in respect of land and well situated in survey Nos..27/1 and 28/6 situated at Pithalaipatti Village, Authoor Taluk, Dindigul District after providing opportunity to the 3rd and 4th respondents who are co sharers of the said well within the time stipulated by this Honourable Court and for other reliefs For Petitioner : Mr.J.Lawrence For R1 & R2 : Mr.M.Muthumanikkam Government Advocate 1/5

O R D E R

The writ petition is filed for a Writ of Mandamus directing the second respondent to dispose of the petitioner's application dated 26.07.2024, seeking issuance of Joint Patta in his name in respect of land and well situated in survey Nos.27/1 and 28/6 in Pithalaipatti Village, Authoor Taluk, Dindigul District within the time frame to be fixed by this Court.

2. With consent of both parties, this Writ Petition is taken up for final disposal at the stage of admission itself.

3. The petitioner purchased the property in S.Nos.28/1, 28/2 28/3 and 28/4A in Pithalaipatti Village, Authoor Taluk, Dindigul District, under a registered sale deed in Doc.No.3928/2024 on the file of the Sub Registrar, Nagalnaickanpatti Sub Registrar Office, Dindigul District. The petitioner's vendor owned 1⁄4 share in the Well situated in S.Nos.27/1 and 28/6 and the same was also purchased by the petitioner. While so, the petitioner was issued patta in respect of S.Nos. 28/1, 28/2 28/3 and 28/4A, but patta was not issued with respect to S.Nos.27/1 and 28/6, in which the petitioner's name was included as co-sharer. The petitioner submitted an application on 26.07.2024, along with necessary documents for grant of joint patta in her favour for the lands in S.Nos. 2/5

27/1 and 28/6 as co-sharer of the Well. The petitioner's application dated 26.07.2024 was transferred to the second respondent. The second respondent, for the reasons best known to him, kept the petitioner's application pending. Hence, the petitioner filed the above writ petition for the aforesaid relief.

4. It is seen that the petitioner approached the respondent for grant of joint patta as early as on 26.07.2024. The said application was transferred to the second respondent for passing appropriate orders. The second respondent without any valid reasons has kept the petitioner's application pending without any action being initiated on the said application. Therefore, I am inclined to issue a direction. Accordingly, the second respondent is directed to dispose of the petitioner's application dated 26.07.2024 for issuance of joint patta within a period of twelve weeks from the date of receipt of a copy of this order. It is needless to state that the respondents 1 and 2 shall put on notice the petitioner and the private respondents, who are the co-sharers of the said Well and thereafter pass final orders.

5. With the above direction, this writ petition is disposed of. No costs. 29.01.2025 NCC:yes/no Index:yes/no Internet:yes/no CM 3/5

To:

1. The District Collector, Dindigul District, Dindigul.

2. The Tahsildar, Authoor Taluk, Dindigul District.

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N.MALA, J.

CM 29.01.2025 5/5