Navaneetha v. The Revenue Divisional Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :05.04.2023

CORAM

THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY Navaneetha ... Petitioner Vs.

1.The Revenue Divisional Officer, Revenue Divisional Officer, Sattur, Virudhunagar District.

2.The Tahsildar, Taluk Office, Sattur, Virudhunagar District.

... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus directing the second respondent to issue patta in the deceased husband Krishanasamy, who died on 02.02.2023 for his properties of bearing Survey No.291/2, 71/1B13A, 71/1B23 and 71/1B4 patta No.155, situated at Nalli Revenue Village, Sattur Taluk, Virudhunagar District.

For Petitioner :Mr.R.Murugappan For Respondents :Mr.N.Muthuvijayan Special Government Pleader

O R D E R

The petitioner seeks the mutation of the patta issued to her husband in the names of the three legal heirs of the deceased husband.

2. The petitioner asserts that her husband, the late Krishanasamy, died on 02.02.2023 leaving behind the petitioner and her children as the Class - I legal heirs. He owned properties bearing Survey Nos.291/2, 71/1B13A, 71/1B23 and 71/1B4 at Nalli Revenue Village, Sattur Taluk, Virudhunagar District.

3. By drawing my attention to patta No.155, learned counsel submits that a request for mutation of the patta was made by submitting a representation to the second respondent.

4. Learned Government Advocate appears on behalf of both the respondents and submits that the representation was sent only on 25.03.2023.

5. The petitioner has enclosed the death certificate, legal heirship certificate and the patta issued to her husband. Based on these documents, it appears Prima facie that the petitioner is entitled to mutation of the patta in the names of the three legal heirs of the deceased.

6. For reasons set out above, the second respondent is directed to consider the representation dated 24.03.2023 and dispose of the same on merits within a period of one month from the date of receipt of a copy of this order.

7. Accordingly, W.P.(MD).No.7647 of 2023 is disposed of without any order as to costs.

05.04.2023 NCC :Yes/No Internet :Yes/No Index :Yes/No sbn

To 1.The Revenue Divisional Officer, Revenue Divisional Officer, Sattur, Virudhunagar District.

2.The Tahsildar, Taluk Office, Sattur, Virudhunagar District.

SENTHILKUMAR RAMAMOORTHY, J.

sbn 05.04.2023