V.R. Murugavel v. The Revenue Divisional Officer
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.08.2020
CORAM:
THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR V.R.Murugavel ... Petitioner Vs.
1.The Revenue Divisional Officer, Sivakasi, Virudhunagar District.
2.The Tahsildar, Rajapalayam Taluk Office, Rajapalayam, Virudhunagar District.
3.V.Ramasamy ... Respondents Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, directing the 1st and 2nd respondents to issue joint patta on the name of petitioner, petitioner's brother and third respondent herein with regard to landed property in S.No.172/2A2A, S.Nos.177/1, 195/2, 211/5, 218/2E, 477/1, 477/2B, 178/1, 178/2 and houses property in S.Nos.761/41 and 761/4 situated Samsikapuram Village, Rajapalayam Taluk, Virudhunagar District, based on the petitioner's representation dated 25.06.2020.
For Petitioner : Mr.G.Gomathi Sankar For R1 and R2 : Mr.R.Sethuraman Special Government Pleader
ORDER
This Writ Petition is filed to direct the first and the second respondents to issue joint patta in the name of the petitioner, petitioner's brother and third respondent herein, with regard to the landed property in S.No.172/2A2A, S.Nos.177/1, 195/2, 211/5, 218/2E, 477/1, 477/2B, 178/1, 178/2 and houses property in S.Nos.761/41 and 761/4, situated Samsikapuram Village, Rajapalayam Taluk, Virudhunagar District, based on the petitioner's representation dated 25.06.2020.
2.Heard Mr.G.Gomathi Sankar, learned counsel appearing for the petitioner and Mr.R.Sethuraman, learned Special Government Pleader appearing for the first and the second respondents. 1/3
3.According to the petitioner, he is working in the Ramco Cement Factory. Originally, the property in S.No.172/2A2A, S.Nos.177/1, 195/2, 211/5, 218/2E, 477/1, 477/2B, 178/1, 178/2 and houses property in S.Nos.761/41 and 761/4, situated Samsikapuram Village, Rajapalayam Taluk, Virudhunagar District, belonged to his grandfather. After the demise of his grandfather, his mother and the third respondent are in possession and enjoying the same. After the death of his mother, the third respondent, without giving any notice changed the patta in his name. In this regard, the petitioner sent a representation dated 25.06.2020 to grant joint patta in the name of the petitioner, petitioner's brother and the third respondent herein. Since no action has been taken, the petitioner is before this Court.
4.The learned Government Advocate appearing for the first and second respondents objected that the petitioner has made a representation only in the month of June 2020 and within a short span of time, the petitioner has approached this Court, without giving a breathing time to the respondents to act upon the representation submitted by him. Apart from the aforesaid objections, the petitioner has not submitted his application through on-line. He further submitted that if the application is filed through on-line, the said application will be considered as per the guidelines issued by the Government.
5.The learned counsel appearing for the petitioner has also agreed the submission made by the learned Government Advocate. 6.In view of the submissions made on either side, this Writ Petition is disposed of with liberty to the petitioner to make a fresh application through on-line for granting joint patta. No costs.
Sd/- Assistant Registrar () // True Copy // / /2020 Sub Assistant Registrar(CS) Ns 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.
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To 1.The Revenue Divisional Officer, Sivakasi, Virudhunagar District.
2.The Tahsildar, Rajapalayam Taluk Office, Rajapalayam, Virudhunagar District.
+1 CC to M/s.Government Pleader ( SR-14095[F] dated 14/08/2020 ) +1 CC to M/s.G. GOMATHI SANKAR, Advocate ( SR-14118[F] dated 14/08/2020 ) 13.08.2020 KB(26.08.2020) 3P 5C 3/3