Selvakumar v. The District Revenue Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.04.2021 CORAM :

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Selvakumar ... Petitioner Vs.

1. The District Revenue Officer, Thoothukudi District, Thoothukudi.

2. The Tahsildar, Ettayapuram, Thoothukudi District.

3. The Village Administrative Officer, Keelaeral Village, Ettayapuram, Thoothukudi District.

... Respondents Prayer: This Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the second respondent to issue a patta in the petitioner's name with respect to Palayankottai (RD), Ettayapuram (Sub-D), Survey No.18/3, situated at Keelaeral Village, Ettayapuram Taluk, Thoothukudi District, based on the petitioner's representation dated 12.01.2021. For Petitioner : Ms.A.Banumathy For Respondents : Mr..K.P.Narayana Kumar Special Government Pleader

ORDER

This Writ Petition has been filed for the issue of a Writ of Mandamus, directing the second respondent to consider the representation made by the petitioner on 12.01.2021, wherein, the petitioner is seeking for issuance of patta in his name with respect to the subject property.

2. The case of the petitioner is that his family members entered into a partition on 16.12.2007 and the same was also registered as document No.11 of 2008, before the concerned Registrar Office. As per the partition deed, the subject property was allotted in favour of the petitioner and according to the petitioner, he is in possession and enjoyment of the same. 1/3

3. The petitioner made a representation before the second respondent seeking for issuance of patta in his name with respect to the property that was allotted to him under the partition deed. Since the same was not considered, the present Writ Petition has been filed before this Court seeking for appropriate directions.

4. Heard Ms.A.Banumathy, learned counsel appearing on behalf of the petitioner and Mr.K.P.Narayanakumar, learned Special Government Pleader appearing on behalf of the respondents.

5. Taking into consideration the facts and circumstances of the case and the limited relief sought for in this Writ Petition, there shall be a direction to the second respondent to consider the representation made by the petitioner on 12.01.2021 on its own merits and in accordance with law and pass appropriate orders within a period of eight (8) weeks from the date of receipt of a copy of this order. If there are any other interested parties claiming right over the subject property, they shall also be issued with notice and an opportunity shall also be given to them.

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

7. The Writ Petition stands disposed of with the above directions. No costs.

Sd/- Assistant Registrar (AE) // True Copy // / /2021 Sub Assistant Registrar(CS ) 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 District Revenue Officer, Thoothukudi District, Thoothukudi.

2. The Tahsildar, Ettayapuram, Thoothukudi District.

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3. The Village Administrative Officer, Keelaeral Village, Ettayapuram, Thoothukudi District.

+1 CC to M/s.SPL GP ( SR-16965[F] dated 21/04/2021 ) Order made in Dated:

20.04.2021 SDS(11.05.2021) 3P 5C 3/3