Muthukumar. G v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.02.2024
CORAM
THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI G.Muthukumar ... Petitioner Vs
1. The District Collector, Collectorate, Tirunelveli District.
2. The District Revenue Officer (DRO), O/o.The District Revenue Officer, Collectorate Campus, Tirunelveli District.
3. The Revenue Divisional Officer, Cheramahadevi, Tirunelveli District.
4. The Tahsildar, Nanguneri Taluk, Tirunelveli 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 Respondent No.4 to grant patta in the name of the Petitioner and other legal heirs of the grandfather for the land in Survey Nos.634/15C3, 634/15C7, 634/15C9, 634/15C12 and 634/15C15 situated at Poolam Village Part II, Nanguneri Taluk, Tirunelveli District in an extent of 2 Acres 10 Cents by considering the 1/6
Representation, dated 03.02.2024 made by the Petitioner within the time stipulated by this Court.
For Petitioner : Mr. I.Pinaygash For Respondents : Mr.K.Christy Theboral Government Advocate
ORDER
The present writ petition has been filed seeking a direction to the Respondent No.4 to grant patta in the name of the Petitioner and other legal heirs of the grandfather for the land in Survey Nos.634/15C3, 634/15C7, 634/15C9, 634/15C12 and 634/15C15 situated at Poolam Village Part II, Nanguneri Taluk, Tirunelveli District in an extent of 2 Acres 10 Cents by considering the Representation, dated 03.02.2024 made by the Petitioner within the time stipulated by this Court.
2.By consent of both parties, considering the limited relief sought for by the petitioner, the Writ Petition is taken up for final disposal at the stage of admission itself.
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3.Heard, the learned counsel appearing for the petitioner and the learned Government Advocate appearing for the respondents. Perused the materials on record.
4.(i).The property comprised in S.No.634/15C12, 634/15C15, 634/15C3, 634/15C9, 634/15C7, 634/15C6, 634/15C14, 634/15C18 situated at Poolam Village Part II, Nanguneri Taluk, Tirunelveli District belong to the petitioner's family and the same is the ancestral property of the petitioner. After dividing the said ancestral property by way of partition, the petitioner's father, his brother and sister have received the shares to an extent of 2 acres and 10 cents.
(ii).On 21.08.2019, the petitioner father's sister namely Maadathi gave up her share in the name of petitioner's father and his brother by way of executing a release deed. Following which, Patta was mutated in the name of petitioner's father and his brother. On 03.02.2024, the petitioner sent a detailed representation to the respondents to grant joint patta in the name of petitioner and other legal heirs of his grandfathers for the aforesaid lands. However, the said representation was not considered.
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5.The learned Government Advocate on instructions submitted that the petitioner did not submit any online application. If it is submitted, then the petitioner's request could be considered.
6.In view of the said submission, the petitioner is directed to submit an online application in this regard. On receipt of the same, the respondents are directed to consider the same and pass appropriate orders in accordance with law, within a period of four (4) weeks from the date of receipt of copy of this order.
7.With the above direction, this writ petition stands disposed of. There shall be no order as to costs.
16.02.2024 NCC : Yes / No Index : Yes / No Internet : Yes PNM 4/6
To
1. The District Collector, Collectorate, Tirunelveli District.
2. The District Revenue Officer (DRO), O/o.The District Revenue Officer, Collectorate Campus, Tirunelveli District.
3. The Revenue Divisional Officer, Cheramahadevi, Tirunelveli District.
4. The Tahsildar, Nanguneri Taluk, Tirunelveli District.
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L.VICTORIA GOWRI, J.
PNM ORDER IN 16.02.2024 6/6