Mottaiyandi 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 Mottaiyandi : Petitioner Vs.

1.The District Collector, Trichy District, Trichy.

2.The Revenue Divisional Officer, O/o. the Revenue Divisional Officer, Musiri, Trichy District.

3.The Tahsildar, O/o. The Tahsildar, Musiri, Trichy District.

: Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for a Writ of Mandamus, directing the respondents to issue joint patta to the petitioner on the basis of the petitioner's representation dated 30.01.2025 in respect of the survey number for the property in S.No.19/2A at Musiri, Musiri Taluk, Trichy District within a stipulated time as fixed by this Court. 1/5

For Petitioner : Mr.A.Joel Paul Antony For Respondents : Mr.S.Kameswaran Government Advocate

O R D E R

The petitioner seeks issuance of joint patta based on the petitioner's representation dated 30.01.2025. 2.Heard the learned Counsel for the petitioner and Mr.S.Kameswaran, learned Government Advocate appearing for the respondents. The petitioner has made an application for issuance of joint patta claiming right under partition decree in O.S.No.128 of 1990. The said application is pending with the third respondent. 3.The learned Government Advocate, on instructions would submit that the lands in respect of which the petitioner seeks issuance of joint patta is in the physical possession of third parties and therefore, without hearing the objections, if any, of such third parties, further orders cannot be passed. Be that as it may, the petitioners have only sought for issuance of joint patta by making a representation dated 30.01.2025, claiming interest in the subject property, under a decree for partition dated 31.03.1993, where the petitioner's mother's entitlement to 1/6th share in the property was upheld.

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4.In view of the above, a direction is issued to the third respondent to consider the petitioner's application for issuance of joint patta on merits and in accordance with law after hearing all interested parties. The said exercise shall be completed within twelve [12] weeks from the date of receipt of a copy of this order. 5.Accordingly, this Writ Petition is disposed of. There shall be no order as to costs.

05.03.2025 Index :Yes / No Internet : Yes / No NCC : Yes/No MR 3/5

To 1.The District Collector, Trichy District, Trichy.

2.The Revenue Divisional Officer, O/o. the Revenue Divisional Officer, Musiri, Trichy District.

3.The Tahsildar, O/o. The Tahsildar, Musiri, Trichy District.

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P.B.BALAJI.

, J.

MR 05.03.2025 5/5