Masilamani.G.S.S v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.11.2022

CORAM

THE HONOURABLE Mrs.JUSTICE V.BHAVANI SUBBAROYAN W.P. (MD) No.7122 of 2021 G.S.S.Masilamani ... Petitioner Vs.

1.The District Collector, Tirunelveli District, Tirunelveli.

2.The Tahsildar, Office of the Nanguneri Taluk, Nanguneri, Tirunelveli District.

3.The Block Development Officer, Office of the Block Development, Kalakad, Nanguneri Taluk, Tirunelveli District.

4.The Village Administrative Officer, Idaiyankulam Village, Idaiyankulam, Nanguneri Taluk, Tirunelveli District.

... Respondents Prayer :- Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, to direct the respondents to consider the petitioner's representation dated 16.03.2021 seeking for grant of patta and revenue receipts in the petitioner's favour.

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For Petitioner :

Mr.R.M.Suresh For Respondents :

Mr.D.Sadiq Raja 1, 2 & 4 Additional Government Pleader

ORDER

This Writ Petition has been filed to direct the respondents to consider the petitioner's representation dated 16.03.2021 seeking for grant of patta and revenue receipts in the petitioner's favour.

2.The property in New Nattham Survey Nos.695/1, 695/17, at Idaiyankulam Village Part-2, Nanguneri Taluk, Tirunelveli District is owned by one Pauldurai Nadar. Since he has not married and he was under the care of the petitioner, he bequeathed all his properties to the petitioner herein by way of an unregistered Will dated 26.11.2015. Hence, he applied for mutation of patta and other revenue records in his name. But the same was not considered by the third respondent herein. hence, the petitioner has filed the present writ petition.

3.The learned counsel for the petitioner submitted that the representation of the petitioner seeking mutation of revenue records is kept pending by the third respondent without any progress. Hence, he seeks for necessary direction to the respondents.

4.The learned Additional Government Pleader appearing for the 2/4

respective respondents submitted that the prayer sought for by the petitioner cannot be accepted, as the documents filed by the petitioner are not registered and the revenue authorities are not in a position to consider the request of the petitioner in view of an unregistered document. 5.The learned counsel appearing for the petitioner would submit that it would suffice to issue direction to the respondents to consider the petitioner's representation, dated 16.03.2021.

6.Considering the above said submissions, this Court, without expressing any opinion on the merits of the matter, directs the official respondents to consider the petitioner's representation dated 16.03.2021 and pass appropriate orders, on merits and in accordance with law, after affording reasonable opportunity to the parties concerned, within a period of twelve weeks from the date of receipt of a copy of this order. 7.With the above direction, this Writ Petition is disposed of. No costs. 10.11.2022 Index : Yes/No Internet : Yes/No ta 3/4

V.BHAVANI SUBBAROYAN, J.

ta To 1.The District Collector, Tirunelveli District, Tirunelveli.

2.The Tahsildar, Office of the Nanguneri Taluk, Nanguneri, Tirunelveli District.

3.The Block Development Officer, Office of the Block Development, Kalakad, Nanguneri Taluk, Tirunelveli District.

4.The Village Administrative Officer, Idaiyankulam Village, Idaiyankulam, Nanguneri Taluk, Tirunelveli District.

Order made in W.P.(MD) No.7122 of 2021 10.11.2022 4/4