Ravi S v. The Tahsildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.04.2022

CORAM

THE HONOURABLE MR. JUSTICE ABDUL QUDDHOSE S.Ravi ... Petitioner Vs.

1.The Tahsildar, Vadipatti Taluk, Vadipatti, Madurai District.

2.The Village Administrative Officer, Melakkal Village, Melakkal, Solavandan, Vadipatti Taluk, Madurai District.

...Respondents

Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the first respondent to issue patta in respect of the petitioner's grandmother's property in Survey Nos.466/2, 563, 675/1, 679/3 and 686/6 of Melakkal Village, Vadipatti Taluk, Madurai District, by considering the petitioner's representation dated 16.03.2022 within the stipulated time to be fixed by this Court. For Petitioner : Mr.SP.Vijay Nivas For Respondents : Mr.M.Lingadurai, Special Government Pleader.

ORDER

This Writ Petition has been filed for a Mandamus seeking for a direction to the first respondent to issue patta in respect of the petitioner's grandmother's property in Survey Nos.466/2, 563, 675/1, 679/3 and 686/6 situated at Melakkal Village, Vadipatti Taluk, Madurai District based on the petitioner's representation dated 16.03.2022 within a time frame to be fixed by this Court.

2. According to the petitioner, the patta for the aforementioned property stood in the name of his grandmother, Lakshmiammal and the same was issued in the year 1946. According to him, the legal heirs of the deceased Lakshmiammal are now entitled to the said property having inherited the same from their grandmother and they are in possession and enjoyment of the said 1/3

property. The petitioner has submitted a representation on 16.03.2022 to the respondents requesting them to issue patta for the aforementioned property in the name of the petitioner and the other legal heirs of his grandmother. Since the said representation has not been considered till date, the petitioner has filed this Writ Petition.

3. Heard Mr.SP.Vijay Nivas, learned counsel for the petitioner and Mr.M.Lingadurai, learned Special Government Pleader, who accepts notice on behalf of the respondents.

4. No prejudice would be caused to the respondents, if the petitioner's representation seeking for issuance of patta is considered on merits and in accordance with law. However, the petitioner will have to produce all the necessary documents before the first respondent to enable the first respondent to consider his representation seeking for issuance of patta.

5. Learned counsel for the petitioner, on instructions, would submit that the petitioner is willing to submit all the necessary documents before the first respondent.

6. For the foregoing reasons, this Court directs the first respondent to consider the petitioner's representation dated 16.03.2022 seeking for issuance of a joint patta in the name of the petitioner and the other legal heirs of his grandmother, Lakshmiammal, in respect of the petitioner's grandmother's property comprised in Survey Nos.466/2, 563, 675/1, 679/3 and 686/6 situated at Melakkal Village, Vadipatti Taluk, Madurai District and pass final orders on merits and in accordance with law, after affording a fair hearing to the petitioner and the other legal heirs of the deceased Lakshmiammal as well as any other necessary party, whom the first respondent deems fit to enquire, within a period of three

(3) months from the date of receipt of a copy of this order.

7. With the aforesaid direction, this Writ Petition is disposed of. There shall be no order as to costs.

Sd/- Assistant Registrar (T&P) // True Copy // / /2022 Sub Assistant Registrar(CS) Lm 2/3

To 1.The Tahsildar, Vadipatti Taluk, Vadipatti, Madurai District.

2.The Village Administrative Officer, Melakkal Village, Melakkal, Solavandan, Vadipatti Taluk, Madurai District.

+1 CC to M/s.SPL.GP ( SR-17503[F] dated 08/04/2022 ) 07.04.2022 SB(CO) KB(22.04.2022) 3P 4C 3/3