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Madras High CourtWP(MD)/9102/2021disposed of

Subramani. S v. The District Revenue Officer

2021-06-02Honourable Mrs Justice J. Nisha Banu3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :02.06.2021

CORAM

THE HONOURABLE MRS.JUSTICE J.NISHA BANU S.Subramani ... Petitioner Vs.

1.The District Revenue Officer, Office of District Revenue Officer, District Collectorate Campus, Madurai District.

2.The Revenue Divisional Officer, Office of Revenue Divisional Officer, District Collectorate Campus, Madurai District.

3.The Tahsildar, Vadipatti Tahsildar Office, Vadipatti Taluk, Madurai District.

... Respondents PRAYER:

Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, directing the respondents to consider the representation of the petitioner dated 07.12.2020, within a period as fixed by this Court and to issue patta in favour of the petitioner in consonance with the provisions of the prevailing act.

For Petitioner : Mr.K.Muthu Ganesa Pandian For Respondents : Mr.P.Thillak Kumar, Standing Counsel for Government

O R D E R

Mr.P.Thilak Kumar, learned Standing Counsel for the Government, accepts notice on behalf of the respondents.

2. By consent, the Writ Petition is taken up for final disposal at the admission stage itself.

3. This writ petition has been filed by the petitioner seeking for issuance of a Writ of Mandamus, directing the respondents to consider the representation of the petitioner dated 07.12.2020, within a period as fixed by this Court and to issue patta in favour of the petitioner in consonance with the provisions 1/3

of the prevailing act.

4. According to the petitioner, the property situated in S.No.468/1 to the extent of 920 sq.ft and the house site bearing Door No.4/175 in Mannadi Mangalam Village, Vadipatti Circle, Madurai District are the petitioner's ancestral property and the family members of the petitioner are in enjoyment for several decades. The learned counsel for the petitioner would submit that the aforesaid property belongs to the petitioner's forefather, namely one Mr.Iyakannunadar and the said Iyakannunadar had executed a registered Will in favour of his daughter, namely Mrs.Pitchaiammal, who is the grandmother of the petitioner. She enjoyed the property during her life time and after her demise, the ownership of the property was devolved to the petitioner's father, namely, Mr.Shanmuga Nadar by virtue of the registered Will in Doc.No.1713/2002.

Subsequently, the petitioner's father executed a gift deed in favour of the petitioner on 20.04.2018, by way of gift deed in Doc.No.783/2018. Now, in order to get patta, the petitioner approached the respondents by way of representation dated 07.12.2020, along with house tax receipts and the registered documents. Since the representation of the petitioner was not considered, the present Writ Petition came to be filed.

5. The learned counsel for the petitioner would state that it would be suffice, if a direction is issued to the respondents, to dispose of the representation of the petitioner.

6. The learned standing counsel for the respondents would state that the representation of the petitioner would be considered within a reasonable time.

7. Considering the submissions of the learned counsel for the petitioner as well as the respondents and in the light of the facts and circumstances of the case, without going into the merits of the case projected by the petitioner either in his representation or in this Writ Petition, the respondents are directed to consider the representation of the petitioner dated 07.12.2020, on merits and in accordance with law and pass appropriate orders, within a period of twelve weeks from the date of receipt of a copy of this order

8. With the above direction, the Writ Petition is disposed of. No Costs.

Sd/- Assistant Registrar (CS II) // True Copy // / /2021 Sub Assistant Registrar(CS) 2/3

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, Office of District Revenue Officer, District Collectorate Campus, Madurai District.

2.The Revenue Divisional Officer, Office of Revenue Divisional Officer, District Collectorate Campus, Madurai District.

3.The Tahsildar, Vadipatti Tahsildar Office, Vadipatti Taluk, Madurai District.

+1 CC to M/s.SPL GP ( SR-18738[F] dated 03/06/2021 ) Order made in DATED 02.06.2021 AS(10.06.2021)3P 5C 3/3