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Madras High CourtWP(MD)/6178/2025disposed of

G.Indira v. The District Revenue Officer

2025-03-07Honourable Mr Justice P.B. Balaji5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.03.2025

CORAM:

THE HONOURABLE MR JUSTICE P.B. BALAJI G.Indira ... Petitioner /Vs./ 1.The District Revenue Officer, District Revenue Office, Dindigul.

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

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

... Respondents P RAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the third respondent to issue patta in the name of the petitioner for the property consisting of 2400 square feet of land in which constructed house of 640 square feet at Old Survey Number.448/gh and New Survey Number 611/17 at Kamatchipuram Village, Dindigul West Taluk, Bangarupuram, Dindigul District in the 1/5

light of the unregistered Will dated 04.07.2022 and judgment and decree in O.S.No.628 of 2023 on the file of the Additional Sub-Court, Dindigul and the petitioner's representation dated 17.02.2025 within the stipulated time fixed by this Court.

For Petitioner : Mr.K.Gokul For Respondents : Mrs.S.Jeyapriya Government Advocate

ORDER

The petitioner seeks issuance of patta based on his representation dated 17.02.2025. The petitioner claims to be entitled to the subject property under an unregistered Will dated 04.07.2022 and also the decree passed in her favour in O.S.No.628 of 2023.

2. I have heard the learned counsel appearing for the petitioner and Mrs.S.Jeyapriya, learned Government Advocate appearing for the official respondents.

3. Considering the limited scope of the relief sought for, with the consent of the counsel appearing on either side, the writ petition is taken up for final disposal.

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4. The learned Government Advocate, on instructions, would submit that the Will is unregistered and further only a life interest has been given to the petitioner and the ultimate beneficiary is one Sujatha Malini, who is the daughter of the petitioner. There can be no impediment for the revenue authorities to record the name of the beneficiary Sujatha Malini with remark that the petitioner has been given life interest and accordingly, patta can be issued.

5. In view of the above, the respondents are directed to consider the petitioner's representation dated 17.02.2025 and pass orders on merits, in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order.

6. With the above direction, the writ petition is disposed of. No costs.

Index : Yes / No NCC : Yes / No 07.03.2025 am 3/5

To 1.The District Revenue Officer, District Revenue Office, Dindigul.

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

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

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P.B. BALAJI , J.

am Order made in Dated:

07.03.2025 5/5