Sudalaiyammal v. The Revenue Divisional Officer
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.04.2022
CORAM:
THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE Sudalaiyammal ... Petitioner Vs.
1.The Revenue Divisional Officer, 2.The Thasildar, Taluk Office, 3.The Commissioner, Sathur Municipality, Sathur, ... Respondents P RAYER:
Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents to issue patta in the name of the legal heirs of petitioner's deceased husband Chinnathampi for his properties bearing 1.Old Survey No.80/4 present Town Survey No.344, New Door No.434, 444, Ward C, Block 9., 2.Old Survey No.146/20, New Door No.179, 181, Ward D, Block 6., 3.Town Survey No.64, Old Survey No.90/7, New Dorr No.9, 9/1, 9/2, 9/3, 9/4, 9/5 Ward C, Block 15., and 4.Town Survey No.161 situated at Sattur Town, Sattur Taluk, Virudhunagar District. For Petitioner : Mr.R.Murugappan For Respondents : Mr.M.Lingadurai Special Government Pleader
O R D E R
This writ petition has been filed for a Mandamus seeking for a direction to the respondents to issue patta in the name of the legal heirs of petitioner's deceased husband Chinnathampi for his properties bearing 1.Old Survey No.80/4 present Town Survey No.344, New Door No.434, 444, Ward C, Block 9., 2.Old Survey No.146/20, New Door No.179, 181, Ward D, Block 6., 3.Town Survey No.64, Old Survey No.90/7, New Dorr No.9, 9/1, 9/2, 9/3, 9/4, 9/5 Ward C, Block 15., and 4.Town Survey No.161 situated at Sattur Town, Sattur Taluk, Virudhunagar District and pass final orders on merits and in accordance with law based on the petitioner's representation dated 1/3
08.09.2021.
2.The petitioner claims that originally the petitioner's husband Chinnathambi was the absolute owner of the aforementioned properties. After his death, the petitioner who is one of the legal heirs and other legal heirs became the absolute owners of the said properties. The petitioner and other legal heirs have applied for patta in their joint names with the respondents by giving a representation on 08.09.2021. Since the said representation has not been considered till date, this writ petition has been filed. 3.Heard Mr.R.Murugappan, learned Counsel for the writ petitioner and Mr.M.Lingadurai, learned Special Government Pleader who accepts notice on behalf of the respondents. 4.The petitioner has produced documents along with this writ petition to substantiate her case that she and the other legal heirs of Chinnathambi are eligible for issuance of joint patta in their names for the aforementioned properties, based on their representation dated 08.09.2021.
5.No prejudice would be caused to the respondents, if such an exercise is done.
6.For the foregoing reasons, this Court directs the second respondent to pass final orders on the petitioner's representation seeking for issuance of patta to the legal heirs of the petitioner's deceased husband Chinnathambi, for the aforementioned properties, within a period of twelve [12] weeks from the date of receipt of a copy of this order, after affording a fair hearing to the petitioner and the other legal heirs.
7.With the above direction, this Writ Petition stands disposed of. There shall be no order as to costs.
Sd/- Assistant Registrar (T&P) // True Copy // / /2022 Sub Assistant Registrar(CS) MR To 1.The Revenue Divisional Officer, 2/3
2.The Thasildar, Taluk Office, 3.The Commissioner, Sathur Municipality, Sathur, +1 CC to M/s.R.MURUGAPPAN, Advocate ( SR-22862[F] dated 29/04/2022 ) +1 CC to M/s.SPL.GP ( SR-23383[F] dated 04/05/2022 ) 29.04.2022 TP(CO) KB(13.05.2022) 3P 6C 3/3