Muthumari.V v. The Commissioner Of Land Administration

BEFORE THE MADURAI BENCH OF MADRAS HIGH Court DATED: 09.04.2021

CORAM:

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH (Through Video Conferencing) V.Muthumari ... Petitioner Vs.

1.The Commissioner of Land Administration, Commissioner of Land Administration Chepauk, Chennai.

2.The District Collector, 3.The Revenue Divisional Officer (RDO) 4.The Tahsildar, Tuticorin Taluk Tuvipuram, Tuticorin District, Tuticorin.

5.The Village Administrative Officer, Kulayankarisal Village, Tuticorin Taluk & District.

... Respondents PRAYER : Writ Petition is filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus to direct the 2ndand 3rdrespondents to consider the petitioner's representation dated 07.12.2020 in the light of registered document no.2590/2009 dated 08.07.2009 on the file of the Sub Registrar Office, Tuticorin, within a time stipulated by this Court.

For Petitioner :Mr.S.Muthumalai Raja For Respondents :Mr.B.Bhagavathi Government Advocate

ORDER

This writ petition has been filed for the issue of writ of mandamus directing the respondents to consider the representation made by the petitioner on 07.12.2020, wherein the petitioner has sought for issuance of patta in his name with respect to the subject property.

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2.The case of the petitioner is that the subject property was originally purchased by his sister by virtue of a registered sale deed dated 16.04.1993. Thereafter a gift deed was executed in favour of the petitioner by his sister on 08.07.2009. The petitioner claims that he is in possession and enjoyment of the property.

3. The petitioner made a representation to the respondents seeking for patta in his name with respect to the subject property. Since the same was not considered, the present writ petition has been filed before this Court.

4. Heard the learned counsel for the petitioner and the learned Government Advocate appearing on behalf of the respondents.

5. Taking into consideration the facts and circumstances of the case and without going into the merits of the case, there shall be a direction to the fourth respondent to consider the representation made by the petitioner on 07.12.2020 and deal with the same on its own merits and strictly in accordance with law and pass orders within eight weeks from the date of receipt of a copy of this order.

6. The petitioner is directed to make a fresh representation to the fourth respondent enclosing all the relevant documents along with a copy of this order.

7. The writ petition is disposed of with the above direction. No costs.

Sd/- Assistant Registrar (RTI ACT) // True Copy // / /2021 Sub Assistant Registrar(CS) RR Note: In view of the present lock down owing to COVID-19 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 Commissioner of Land Administration, Commissioner of Land Administration Chepauk, Chennai.

2.The District Collector, 2/3

3.The Revenue Divisional Officer (RDO) 4.The Tahsildar, Tuticorin Taluk Tuvipuram, Tuticorin District, Tuticorin.

5.The Village Administrative Officer, Kulayankarisal Village, Tuticorin Taluk & District.

+1 CC to M/s.S.MUTHUMALAIRAJA, Advocate ( SR-15691[F] dated 09/04/2021 ) +1 CC to M/s.SPL GP ( SR-15827[F] dated 15/04/2021 ) 09.04.2021 RK (27.04.2021) 3P 8C 3/3