Kishore Kumar M v. The Revenue Divisional Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.06.2023

CORAM:

THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN W.P.(MD)No.11218 of 2023 M.Kishore Kumar ... Petitioner Vs.

1.The Revenue Divisional Officer, Office of the RDO, Seranmadevi Taluk,

2. The Tahsildar, Seranmadevi Taluk, ... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, seeking for the issuance of Writ of Mandamus directing the first respondent to conduct enquiry on the representation of the petitioner dated 07.03.2023 and to pass appropriate orders for the issuance of patta in the name of the petitioner for the lands in Survey Nos.42/1,313/47 and 200 of Mukkoodal Village, Seranmadevi, Thirunelveli District.

For Petitioner : M/s.Sangeetha Sri For R1 & R2 : Mr.J.Ashok Additional Government Pleader

O R D E R

This Writ Petition has been filed in the nature of writ of mandamus seeking a direction to the first respondent to consider the representation of the petitioner dated 07.03.2023 for grant of patta to the petitioner for the lands in Survey Nos.42/1, 313/47 and 200 of Mukkoodal Village, Seranmadevi,

2. In the affidavit, it had been stated that with respect to the land in S.No.42/1, which was originally natham poramboke land, patta was granted under Natham Nilavari Thittam as Door Nos.6 and 6A. So far as the lands in Survey Nos.200 and 313/47 are concerned, it had been stated that the grand-father of the petitioner had purchased the same by sale deed registered as Document No.1415/1962. Subsequently, in the year 1986, the grand-father of the petitioner had executed a registered Will in document No.1/11986 dated 10.02.1986 conveying the aforementioned lands to the name of the mother of the petitioner Indira. The petitioner

claims that he had inherited the lands from his mother. The petitioner had given a representation seeking patta in the aforementioned lands. Even on the earlier occasion, it had been mentioned that there were rival claims to the land.

3. The learned Additional Government Pleader stated that a memo has been issued to the petitioner calling upon the petitioner to produce the documents to evidence title and possession. It is only appropriate to give a direction. Accordingly, the respondents 1 and 2 are directed to issue notice to all the other legal heirs in the family particularly any brothers and sisters of the petitioner and also enquire relating to the legal heirs of one Kalanjiyam Nadar, the grand-father of the petitioner and thereafter, if there are no objections, proceed to grant patta. If there are objections for title, then a report may be filed directing the parties to approach the civil court. The entire exercise shall be completed within a period of 12 weeks from the date of receipt of a copy of this order.

4. With the above direction, this Writ Petition is disposed of. No costs. 20.06.2023 Index : Yes/No Internet : Yes/No CM To, 1.The Revenue Divisional Officer, Office of the RDO, Seranmadevi Taluk,

2. The Tahsildar, Seranmadevi Taluk,

C.V.KARTHIKEYAN, J.

CM W.P.(MD)No.11218 of 2023 20.06.2023