R. Nagavairavan v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.03.2025

CORAM

THE HON'BLE MR.JUSTICE P.B.BALAJI R.Nagavairavan : Petitioner Vs.

1.The District Collector, Collectorate, Madurai, Madurai District.

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

3.The Tahsildar, Madurai West Taluk Office, Madurai.

4.The Commissioner, Madurai Corporation, Madurai City, Madurai.

: Respondents 1/6

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for a Writ of Mandamus, to direct the third respondent to issue joint patta in the name of the petitioner and his brother Neeventhan in respect of the property comprised in T.S.No.1539 to an extent of 664 sq.ft situated at Old Ward No.66, New Ward No.53, Thennolaikara Street, 4th Lane, South Gate, Madurai - 625 001 in the light of the Will Deed in Doc.No.272/2005 dated 03.08.2005 executed by the petitioner's grandmother Muthulakshmi @ Lakshmi @ Muthulakshmiammal in favour of the petitioner and his brother Neeventhan, by considering the petitioner's last representation dated 26.02.2025.

For Petitioner : Mr.S.Muthukumar For Respondents 1 to 3 : Mr.S.Jeyapriya Government Advocate For Respondent No.4 : Mr.S.Vinayak Standing Counsel

O R D E R

The petitioner seeks for issuance of a Writ of Mandamus to direct the third respondent to issue joint patta in the name of the petitioner and his brother in respect of a property comprised in T.S.No.1539 to an extent of 664 sq.ft situated at Old Ward No.66, 2/6

New Ward No.53, Thennolaikara Street, 4th Lane, South Gate, Madurai - 625 001.

2.The petitioner and his brother are beneficiaries of the registered Will dated 03.08.2005 registered in Document No.272 of 2005, executed by their grandmother Muthulakshmi @ Lakshmi @ Muthulakshmiammal. Based on the said Will, the petitioner and his brother have made a representation for issuing joint patta in their names. Initially the petitioner and his brother made an application even in 2008 and thereafter, followed it up with the first respondent and thereafter made a representation to the third respondent on 21.04.2022 and finally on 26.02.2025, they had given a representation to the third respondent.

3.Considering that the third respondent has not passed any orders on the representation of the petitioner dated 21.04.2022 and 26.02.2025, the Writ Petition is disposed of, with a direction to the third respondent to consider the petitioner's application for issuance of joint patta based on the registered Will dated 03.08.2005, on merits and in accordance with law within a period of eight [8] weeks from the date of receipt of a copy of this order. 3/6

4.Accordingly, this Writ Petition stands disposed of. There shall be no order as to costs.

05.03.2025 Index :Yes / No Internet : Yes / No NCC : Yes/No MR 4/6

To 1.The District Collector, Collectorate, Madurai, Madurai District.

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

3.The Tahsildar, Madurai West Taluk Office, Madurai.

4.The Commissioner, Madurai Corporation, Madurai City, Madurai.

5/6

P.B.BALAJI.

, J.

MR 05.03.2025 6/6