Vembaiyan.N v. The Revenue Divisional Officer
W.P.[MD]No.8447 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.04.2022
CORAM:
THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE W.P.[MD]No.8447 of 2022 N.Vembaiyan ... Petitioner /Vs./ 1.The Revenue Divisional Officer, Revenue Divisional Office, Thanjavur, Thanjavur District.
2.The Tahsildar, Orathanadu Taluk Office, Thanjavur District.
... Respondents P RAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the Respondent no.2 to issue patta in favour of the petitioner and his family members for the land in Survey No.63A/23 in an extent of 6 cents at Kariya Viduthi, Oraathanadu Taluk, Thanjavur District, based on the registered sale deed of the petitioner's father in Document No.1247/1985 dated 05.08.1985 by considering the representation dated 18.04.2022 made by the petitioner within the time stipulated by this Court.
For Petitioner : Mr.I.Pinaygash 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 consider the representation of the petitioner dated 18.04.2022 seeking for issuance of patta in favour of the petitioner and his family members in respect of the property comprised in Survey No.63A/23 measuring to an extent of 6 cents at Kariya Viduthi, Oraathanadu Taluk, Thanjavur District, within a time frame to be fixed by this Court.
2.According to the petitioner, his father is the absolute owner of the aforementioned property having got the same under the settlement deed dated 05.08.1985 registered as Document No.1247/1985. According to the petitioner, his family is in possession of the property eversince the purchase. His father died on 02.07.1998. He has also produced the legal heirship certificate which includes the petitioner's name. He has submitted a representation seeking for patta in favour of the petitioner and his family members on 18.04.2022 with the respondents. Since the said representation has not been considered till date, the petitioner has filed this writ petition.
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W.P.[MD]No.8447 of 2022 3.Heard Mr.I.Pinaygash, learned Counsel for the writ petitioner and Mr.B.Saravanan, learned Additional 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 in favour of the petitioner and his family members for the aforementioned property is considered on merits and in accordance with law, after affording a fair hearing to the petitioner as well as any other rival claimants, if any.
5.Accordingly, this Court directs the second respondent to consider the petitioner's representation dated 18.04.2022 seeking for issuance of patta in favour of the petitioner and his family members in respect of the property comprised in Survey No.63A/23 measuring to an extent of 6 cents at Kariya Viduthi, Oraathanadu Taluk, Thanjavur District and pass final orders on merits and in accordance with law, after affording a fair hearing to the petitioner as well as any other rival claimants, if any, within a period of twelve [12] weeks from the date of receipt of a copy of this order.
6.With the above direction, this Writ Petition stands disposed of. There shall be no order as to costs.
Sd/- Assistant Registrar (CS I) // True Copy // / /2022 Sub Assistant Registrar(CS) sm To:
1.The Revenue Divisional Officer, Revenue Divisional Office, Thanjavur, Thanjavur District.
2.The Tahsildar, Orathanadu Taluk Office, Thanjavur District.
+1 CC to M/s.I.PINAYGASH, Advocate ( SR-22277[F] dated 28/04/2022 ) +1 CC to M/s.SPL.GP ( SR-23195[F] dated 02/05/2022 ) W.P.[MD]No.8447 of 2022 28.04.2022 MGJ(17.05.2022) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2