Madras High CourtWP(MD)/7179/2022disposed of

Chitradevi.S v. The Thasildar

2022-04-18Honourable Mr Justice Abdul Quddhose3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.04.2022

CORAM:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE S.Chithradevi ... Petitioner /Vs./ 1.The Thasildar, Office of the Thasildar, Thiruverumbur, Tiruchirappalli District.

2.The Village Administrative Officer, Office of the Village Administrative Officer, Pazhanganagudi, Tiruchirappalli District.

3.The Village Administrative Officer, Office of the Village Administrative Officer, Thenaripetti, Tiruchirappalli District.

Respondents P RAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus directing the respondents to Transfer the Joint Patta the Petitioner's deceased father land in Tiruchirappalli District, Thiruvermbur Taluk, Pazhanganagudi Village Survey Nos.182/6A, 182/6B, 186/5 in Patta No. 911 another same village Survey Nos.220/6, 226/6, 227/6, 240/1B, 242/1B, 253/3, 275/7 in Patta No.409 as per the revenue Office document register the petitioner's deceased father named record patta transfer joint patta Vide Can No. 133150917701723 and application No.2022/0103/15/278629, dated 01.04.2022 and Tiruchirappalli District, Thiruverumbur Taluk, Thenaripetti Village Survey No.48/1, 48/3, 53/2B in Patta No.

265 as per the revenue Office document register the petitioner's deceased father named record patta transfer joint patta Vide Can No. 133150917701723 and application No.2022/0103/15/278630, dated 01.04.2022 by considering the representation dated 04.04.2022 in accordance with law within the time stipulated by this Court. For Petitioner : Mr.P.Balasubramaniyan For Respondents : Mr.B.Saravanan, Additional Government Pleader.

ORDER

This writ petition has been filed for a Mandamus seeking for a direction to the respondents to issue joint patta in favour of the petitioner and other legal heirs of the deceased Thangaraj, who died on 15.05.2013, based on the petitioner's representation dated 01.04.2022, within a time frame to be fixed by this Court. 1/3

2.According to the petitioner, the properties referred to in the prayer column of the writ petition was absolutely owned by her father Thangaraj, who died on 15.05.2013. According to her, after his death, all his legal heirs including the petitioner became the absolute owners of the properties. In such circumstances, the petitioner has submitted several representations including the last representation dated 01.04.2022 seeking for issuance of joint patta for the subject properties in favour of the legal heirs of the deceased Thangaraj. Since the representations have not been considered till date, the petitioner has filed this writ petition. 3.Heard Mr.P.Balasubramaniyan, learned Counsel for the writ petitioner and Mr.B.Saravanan, learned Additional Government Pleader who accepts notice on behalf of the respondents. 4.The petitioner has not impleaded the other legal heirs of the deceased Thangaraj, who is her father. The petitioner seeks for issuance of joint patta in her name as well as the names of other legal heirs of the deceased Thangaraj.

5.No prejudice would be caused to the respondents, if the other legal heirs of the deceased Thangaraj are heard in the enquiry proceedings to be conducted by the first respondent on the petitioner's application seeking for issuance of patta in her name and the names of the other legal heirs jointly. The subject properties belong to the petitioner's father. 6.The petitioner has filed documents along with this writ petition, which includes the patta standing in the name of the petitioner's father as well as his legal heir certificate dated 06.09.2013, which discloses five legal heirs, which includes the petitioner. It is for the respondents to consider the petitioner's application seeking for issuance of joint patta on merits and in accordance with law, after giving due consideration to the documents submitted by the petitioner.

7.For the foregoing reasons, this Court directs the first respondent to consider the petitioner's application dated 01.04.2022 seeking for issuance of joint patta in her name and in the names of the other legal heirs of the deceased Thangaraj for the properties comprised in Survey Nos.182/6A, 182/6B, 186/5 in Patta No. 911 and in Survey Nos.220/6, 226/6, 227/6, 240/1B, 242/1B, 253/3, 275/7 in Patta No.409 at Pazhanganagudi Village, Thiruvermbur Taluk, Tiruchirappalli District and in Survey No.48/1, 48/3, 53/2B in Patta No.265 at Thenaripetti Village, Thiruverumbur Taluk, Tiruchirappalli District, and pass final orders on merits and in accordance with law, after affording a fair hearing to the petitioner and other legal heirs of the deceased Thangaraj and any other necessary party, whom the first respondent deems fit to enquire, within a period of 2/3

twelve (12) weeks from the date of receipt of a copy of this order. 8.With the above direction, this Writ Petition stands disposed of. There shall be no order as to costs.

Sd/- Assistant Registrar(AD-II) // True Copy // / /2022 Sub Assistant Registrar(CS) sm To 1.The Thasildar, Office of the Thasildar, Thiruverumbur, Tiruchirappalli District.

2.The Village Administrative Officer, Office of the Village Administrative Officer, Pazhanganagudi, Tiruchirappalli District.

3.The Village Administrative Officer, Office of the Village Administrative Officer, Thenaripetti, Tiruchirappalli District.

+1 CC to M/s.SPL.GP ( SR-19353[F] dated 19/04/2022 ) order made in Dated: 18.04.2022 nsn(CO) TR(29.04.2022) 3P 5C 3/3