Valarmathi v. The District Collector

W.P.No.13312 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.08.2021

CORAM

THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY W.P.(MD).No.13312 of 2021 Valarmathi

...Petitioner

Vs 1.The District Collector, Pudukottai District, Pudukottai.

2.The Revenue Divisional Officer, Illuppur Range, Pudukottai District.

3.The Tasildhar, Viralimalai Taluk, Pudukottai District.

...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to consider the petitioner's representation dated 12.07.2021 and issue joint Patta to the petitioner to the legal heirs of the petitioner's father-in-law late Mr.Alagan in respect of survey number 303/4 an extend of 1.23.5 Hectare land in Numbampatti Village, Viralimalai Taluk formally Kulathur Taluk, Pudukottai District. For Petitioner : Mr.M.Karthikeyavenkitachalapathy For Respondents : Mr.R.Baskaran Counsel for State

ORDER

The petitioner seeks a joint patta in the names of all the legal heirs of her father-in-law in respect of lands bearing survey No.303/4 in Numbampatti Village, Viralimalai Taluk, Pudukottai District.

2. The petitioner states that her father-in-law was allotted lands bearing survey No.303/4 and ad-measuring about 1.23.5 Hectares. The petitioner's family is said to have developed the land as an agricultural field and cultivated crops thereon. Although the petitioner's father-in-law requested the revenue authorities to permanently allot such land, patta was not issued during his life time.

3. Learned counsel for the petitioner relies upon documents that indicate that the petitioner's father-in-law was granted a temporary patta in the year 1964. He also relies upon documents indicating that further action should be taken by the revenue authorities concerned, so as to reclassify the land. On such basis, https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.No.13312 of 2021 learned counsel contends that the revenue authorities had agreed, in principle, to grant a patta to the petitioner's father-in-law. In such circumstances, it is submitted that the representation of the petitioner for grant of a joint patta is liable to be considered favourably.

4. Mr.R.Baskaran, learned counsel for the State, accepts notice on behalf of the respondents. He states that the current classification of the land and other relevant aspects would have to be considered before disposing of the petitioner's representation. However, without going into the merits of the matter, he has no objection to such representation being considered and disposed of in accordance with law.

5. Accordingly, without going into the merits of the matter, the third respondent herein is directed to consider the petitioner's representation dated 12.07.2021 and dispose of the same by a reasoned order after providing a reasonable opportunity of hearing to the petitioner and all others affected by such order. Such reasoned order shall be passed within a period of two months from the date of receipt of a copy of this order.

6. W.P.(MD).No.13312 of 2021 is disposed of on these terms without any order as to costs.

Sd/- Assistant Registrar (CS II) // True Copy // / /2021 Sub Assistant Registrar(CS) Sbn To 1.The District Collector, Pudukottai District, Pudukottai.

2.The Revenue Divisional Officer, Illuppur Range, Pudukottai District.

3.The Tasildhar, Viralimalai Taluk, Pudukottai District.

+1 CC to M/s.GP ( SR-25178[F] dated 04/08/2021 ) W.P.(MD).No.13312 of 2021 03.08.2021 MGJ(11.08.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2