Rahumathu Kani v. The District Revenue Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH Court DATED: 05.07.2021

CORAM:

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH (Through Video Conferencing) Rahumathu Kani ... Petitioner Vs.

1.The District Revenue Officer, Collectorate, 2.The Revenue Divisional Officer, Devakottai Division, Office of RDO Devakottai 3.The Tahsildar Karaikudi Taluk Karaikudi ... Respondents PRAYER : Writ Petition is filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus to direct the 3rd respondent to issue patta in favour of the petitioner by making necessary sub division in respect of property in Koviloor Village, Karaikudi Taluk, Sivagangai District comprising S.No.66/1A extent about 2520 sq. ft. (Plot No.21) by considering the petitioner's representation dated 03.02.2021 within stipulated time fixed by this Court.

For Petitioner :Mr.K.R.Manimaran For Respondents :Mr.R.Suresh Kumar Government Advocate

ORDER

This writ petition has been filed for the issue of a writ of mandamus directing the third respondent to act upon the representation made by the petitioner on 03.02.2021, wherein the petitioner has sought for the sub division of the subject property and for issuance of patta in her name.

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2. The case of the petitioner is that she became the absolute owner of the subject property by virtue of a registered sale deed dated 24.06.2020 registered as Doc.No.3071/2020. The petitioner made an application before the third respondent seeking for sub division and for issuance of patta in her name. Since the same was not considered, the present writ petition has been filed before this Court seeking for appropriate directions.

3. Heard the learned counsel for the petitioner and the learned Government Advocate appearing for the respondents.

4. Taking into consideration the facts and circumstances of the case and the limited relief sought for in this writ petition, there shall be a direction to the third respondent to act upon the application submitted by the petitioner on 03.02.2021 and deal with the same on its own merits and in accordance with law and pass final orders within a period of six weeks from the date of receipt of a copy of this order. If there are any other interested parties claiming right over the subject property, they shall also be issued with notice and an opportunity shall also be given to them.

5. The petitioner is directed to make a fresh representation to the third respondent along with all the relevant documents and also a copy of this order.

6. This writ petition is disposed of with the above direction. No costs.

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

2.The Revenue Divisional Officer, Devakottai Division, Office of RDO Devakottai 3.The Tahsildar Karaikudi Taluk Karaikudi +1 CC to M/s.SPL GP ( SR-21336[F] dated 06/07/2021 ) 05.07.2021 MGJ (13.07.2021) 3P 5C 3/3