Madras High CourtWP(MD)/3901/2022disposed of

Krishnaveni v. The District Collector

2022-03-03Honourable Mr Justice Abdul Quddhose3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.03.2022

CORAM:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE Krishnaveni .. Petitioner Vs 1.The District Collector, Dindigul, Dindigul District.

2.The Revenue Divisional Officer, Dindigul, Dindigul District.

3.The Revenue Divisional Officer, Palani, Dindigul District.

4.The Tahsildar, Taluk Officer, Vedachandur, Dindigul District.

.. Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the fourth respondent to issue patta in the name of the legal heirs of the petitioner's deceased husband Subramanian, for his properties bearing Survey Nos.1305/1A, 1305/1B, 1306/2-Patta No.2032, Survey No.1306/4A-Patta No.915 and Survey No.1306/3A-Patta No.3876, situated at Vadamadurai Revenue Village, Vedachandur Taluk, Dindigul District. For Petitioner : Mr.R.Murugappan For Respondents : Mr.D.Sasikumar Additional Government Pleader

ORDER

This writ petition has been filed for a Mandamus seeking for a direction to the fourth respondent to issue patta in the name of the legal heirs of the petitioner's deceased husband namely Subramanian, for his properties bearing Survey Nos.1305/1A, 1305/1B, 1306/2-Patta No.2032, Survey No.1306/4A-Patta No.915 and Survey No.1306/3A-Patta No.3876, situated at Vadamadurai Revenue Village, Vedachandur Taluk, Dindigul District.

2.Heard Mr.R.Murugappan, learned counsel appearing for the petitioner and Mr.D.Sasikumar, learned Additional Government Pleader, who accepts notice on behalf of the respondents. 1/3

3.It is the case of the petitioner that she is the wife of the deceased Subramanian. According to her, after the death of Subramanian, she and her three children are his only legal heirs. According to the petitioner, Subramanian owned the aforementioned properties. The petitioner has now submitted an application seeking for issuance of patta for the aforementioned properties in the name of Subramanian's Legal heirs. The said application was submitted, on 16.02.2022.

4.Since the application has been submitted only recently, a positive direction as sought for by the writ petitioner cannot be granted by this Court. The only direction that can be issued by this Court is to direct the fourth respondent to consider the petitioner's application seeking for issuance of patta for the aforementioned properties in the name of the legal heirs of the deceased Subramanian, within a time frame to be fixed by this Court. 5.No prejudice will be caused to the fourth respondent, if the petitioner's application, dated 16.02.2022, seeking issuance of patta for the aforementioned properties, is considered on merits and in accordance with law, within a time frame to be fixed by this Court, after affording a fair hearing to the petitioner as well as the other legal heirs of the deceased Subramanian. 6.

Accordingly, this Court directs the fourth respondent to consider the petitioner's application, dated 16.02.2022, seeking for issuance of patta for the properties bearing Survey Nos.1305/1A, 1305/1B, 1306/2-Patta No.2032, Survey No.1306/4A-Patta No.915 and Survey No.1306/3A-Patta No.3876, situated at Vadamadurai Revenue Village, Vedachandur Taluk, Dindigul District and pass final orders on merits and in accordance with law, after affording a fair hearing to the petitioner as well as the other legal heirs of the deceased Subramanian, within a period of three months from the date of receipt of a copy of this order.

7.With the aforesaid directions, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar(AS) // True Copy // / /2022 Sub Assistant Registrar(CS) TM 2/3

Note:In view of the present lock down owing to COVID19 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.

To 1.The District Collector, Dindigul, Dindigul District.

2.The Revenue Divisional Officer, Dindigul, Dindigul District.

3.The Revenue Divisional Officer, Palani, Dindigul District.

4.The Tahsildar, Taluk Officer, Vedachandur, Dindigul District.

+1 CC to M/s.R.MURUGAPPAN, Advocate ( SR-10047[F] dated 04/03/2022 ) +1 CC to M/s.SPL GP ( SR-10164[F] dated 04/03/2022 ) 03.03.2022 SS(CO) TR(18.03.2022) 3P 7C 3/3