Madras High CourtWP(MD)/12097/2024disposed of

Lilly Livingstone v. The Revenue Divisional Officer

2024-06-10Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.06.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P.(MD)No.10753 of 2024 Lilly Livingstone ... Petitioner Vs.

1.The Revenue Divisional Officer, Tirunelveli, Tirunelveli District.

2.The Tahsildar, Palayamkottai, Tirunelveli District.

3.The Village Administrative Officer, Keela Natham, Tirunelveli District.

4.Mohideen Pitchai ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents 1 and 2 to issue separate Patta infavour of the petitioner for 39.8 cents out of 48.2 cents i.e., after allotting 7/40 to Mohideen Pitchai in Survey No.355/1B of Keela Natham Village, Tirunelveli District.

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For Petitioner : Mr.S.Xavier Rajini For Respondents : Mr.K.Balasubramani, Spl. Government Pleader for R1 to R3.

ORDER

The petitioner seeks issuance of separate patta. 2.According to the petitioner, she has purchased 9 acres of land. The petitioner concedes that the fourth respondent is entitled to 7/40th share as per partition deed. The petitioner seeks issuance of patta as per the partition deed. The second respondent shall hold enquiry on the petitioner's request. The second respondent will issue notices to the petitioner, the fourth respondent and other stakeholders, if any. The second respondent will issue notice to the fourth respondent to his last known address. If the fourth respondent does not turn up, he shall be set ex-parte. Citing the absence of the fourth respondent, the second respondent will not refuse to pass an order. The second respondent will go by the records and decide the issue one way or the other on merits. Final order shall be passed within a period of ten weeks from the date of receipt of a copy of this order. I make it clear that I have not gone into the merits of the matter. 2/4

3.The writ petition is disposed of accordingly. No costs. Consequently, connected miscellaneous petition is closed.

10.06.2024 NCC : Yes/No Index : Yes / No Internet : Yes/ No ias To:- 1.The Revenue Divisional Officer, Tirunelveli, Tirunelveli District.

2.The Tahsildar, Palayamkottai, Tirunelveli District.

3.The Village Administrative Officer, Keela Natham, Tirunelveli District.

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G.R.SWAMINATHAN, J.

ias 10.06.2024 4/4