Srinivasan. Pl v. The District Collector,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.04.2021 CORAM :
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH PLSrinivasan
...Petitioner
Vs.
1. The District Collector, Collectorate, Sivagangai, Sivagangai District.
2. The District Revenue officer, Collectorate, Sivagangai, Sivagangai District.
3. The Revenue Divisional Officer, Devakottai, Sivagangai District.
4. The Tahsildar, Karaikudi Taluk, Sivagangai District.
... Respondents Prayer: This Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the fourth respondent to carry out necessary changes in the Register of Patta Pass-Books based on the new Survey Number T.S.No.1464/2A1A of Iluppakudi Revenue Village the registered petition deed, dated 22.09.2020 registered in Document No.7113 with Joint Sub RegistrarII, Karaikudi, within the time frame as fixed by this Court. For Petitioner : Mr.K.K.Samy For Respondents : Mr.S.Angappan Government Advocate
ORDER
This Writ Petition has been filed for the issue of a Writ of Mandamus, directing the fourth respondent to carry out the necessary changes in the revenue records based on the partition deed dated 22.09.2020/
2. The case of the petitioner is that the subject property was originally owned by the father of the petitioner by virtue of a registered sale deed dated 11.06.1984. Thereafter, the parties entered into a registered partition deed dated 23.09.2021 and the petitioner and his brothers divided the property among themselves. According to the petitioner, the property has also been sub divided and a new T.S.No.1464/2A1A was allotted to the property. The petitioner made an application before the respondent seeking for 1/3
patta in his name. Since the same was not considered, the present Writ Petition has been filed before this Court.
3. Heard Mr.K.K.Samy, learned counsel appearing for the petitioner and Mr.S.Angappan, learned Government Advocate appearing for the respondents.
4. Taking into consideration the facts and circumstances of the case and the limited relief sought for in this Writ Petition, there shall be a direction to the fourth respondent to consider the representation made by the petitioner on 25.11.2020 and deal with the same on its own merits and in accordance with law and pass appropriate orders within a period of six (6) weeks from the date of receipt of a copy of this order. If there are any other interested parties claiming right over the subject property, they shall also be issued with notice and an opportunity shall also be given to them.
5. The petitioner is directed to make a fresh representation to the respondents along with all the relevant documents and also a copy of this order.
6.The Writ Petition stands disposed of with the above directions. No costs.
Sd/- Assistant Registrar () // True Copy // / /2021 Sub Assistant Registrar(CS) NOTE:
In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
Tsg To
1. The District Collector, Collectorate, Sivagangai, Sivagangai District.
2. The District Revenue officer, Collectorate, Sivagangai, Sivagangai District. 2/3
3. The Revenue Divisional Officer, Devakottai, Sivagangai District.
4. The Tahsildar, Karaikudi Taluk, Sivagangai District.
+1 CC to M/s.SPL GP ( SR-15990[F] dated 16/04/2021 ) +1 CC to M/s.K.K.SAMY, Advocate ( SR-16022[F] dated 16/04/2021 ) Order made in Dated:
15.04.2021 GS (23.04.2021) 3P 7C 3/3