V.S. Aboobackar, v. The District Revenue
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :24.04.2015
CORAM
THE HONOURABLE MR.JUSTICE.R.MAHADEVAN W.P(MD).No.6624 of 2015 V.S.Aboobackar ...
Petitioner Vs 1.The District Revenue Officer, Collectorate, Sivagangai District, Sivagangai.
2.The Tahsildar, Taluk Office, Thirupathur, Sivagangai District.
... Respondents This Writ Petition has been filed praying for a Writ of Mandamus directing the respondents to consider the Petitioner's representation dated 21.09.2010, 27.11.2013 and 16.12.2013 and on the basis of Thirupathur Taluk Legal Aid Services Committee communication D.No.259/2010 dated 22.09.2010 and D.No. 84/2015 dated 02.03.2015 so as to direct the respondents to issue patta in the Petitioner's name for the punja land bearing old pymos No.31, Survey No.138/15, New Survey No. 636 extent of 56 cents locate at Marudhipatti Village, Thiruppathur Taluk Sivagangai District, on the basis of the registered sale deed No.866/1960 in the name of the petitioner's deceased mother namely Vavammal Beevi W/o.Syed Raouther, within the time stipulated by this Court. For petitioner : Mr.M.Sathiamoorthy For respondents : Mr.S.Bharathi Government Advocate *******
ORDER
The petitioner has come forward with this Writ Petition for the issuance of patta for the lands possessed by him.
2. Mr.S.Bharathi, learned Government Advocate takes notice for the official respondents.
3. By consent, this Writ Petition itself is taken up for final disposal.
4. The learned counsel appearing for the petitioner would submit that it would be suffice if the representation of the petitioner is disposed of, on merits and in accordance with law. https://hcservices.ecourts.gov.in/hcservices/
5. The learned counsel appearing for the official respondents has no objection in considering the representation of the petitioner.
6. Though the petitioner has sought for a Mandamus for the issuance of patta, issuing patta is nothing but giving recognition of the lands possessed by the applicant. It is one of the essential documents for sale of the property in question. Hence, while issuing patta, the Revenue authorites has to consider the each and every aspect involved for the grant of patta, as it may very much affect the innocent owner. Hence, without going into the merits of the claim made by the petitioner in this Writ Petition, the second respondent is directed to pass appropriate orders, on the representations of the petitioner, dated 21.09.2010, 27.11.2013 and 16.12.2013, and also on the basis of Thirupathur Taluk Legal Aid Services Committee communication D.No.259/2010 dated 22.09.2010 and D.No. 84/2015 dated 02.03.2015, on merits and in accordance with law, after giving notice to the interested parties and also after verifying the relevant records, within a period of two months from the date of receipt of a copy of this order.
With the above direction, this Writ Petition stands disposed of. No costs.
Sd/- Assistant Registrar(Writs) /True Copy/ Sub-Assistant Registrar To 1.The District Revenue Officer, Collectorate Campus, Sivagangai District, Sivagangai.
2.The Tahsildar, Taluk Office, Thirupathur, Sivagangai District.
+One cc to The Special Government Pleader, SR.No.22304 ssm RL/4 c- 11/5/2015 W.P(MD).No.6624 of 2015 https://hcservices.ecourts.gov.in/hcservices/ 24.04.2015