Madras High CourtWP(MD)/10600/2017disposed of

Chellammal v. The Zonal Deputy Tahsildar

2017-06-07Honourable Mr Justice K. Kalyanasundaram3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED 07.06.2017

CORAM

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM W.P(MD)No.10600 of 2017 Chellammal ..Petitioner Vs The Zonal Deputy Tahsildar, Viralimalai Taluk, Pudukkottai District.

..Respondent Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the respondent to consider the Petitioner's representation dated 21.4.2017 to issue a joint patta. For Petitioner : M/s.R.Boomirajan For Respondent : Mr.M.Alagathevan Special Govt.Pleader

ORDER

This Writ Petition has been filed seeking for issuance of a Writ of Mandamus directing the respondent to consider the Petitioner's representation, dated 21.4.2017 to issue a joint patta.

2.Mr.M.Alagathevan, learned Special Government Pleader takes notice for the respondent.

3.By consent of both parties, the main Writ Petition is taken up for disposal, at the admission stage itself. 4.The case of the Petitioner is that she is the first wife and legally wedded wife of her husband Alagar, who died on 4.5.2010. The Petitioner is having two sons and a daughter. While the first marriage was subsisting, her husband married another lady and through her, he had four sons.

5.The Petitioner would state that the Petitioner's deceased husband was owning lands in various survey numbers and a Legal Heirship Certificate was issued by the Tahsildar concerned stating

that the Petitioner is one of the legal heirs of her husband, however, her name was not included in the joint patta. Hence she gave a representation, dated 21.4.2017 to issue joint patta. Since it was not considered so far, the present Writ Petition is filed. 6.Considering the facts and circumstances of the case and the submission made by the learned counsel for the petitioner, this Court directs the respondent to consider the representation of the Petitioner, dated 21.4.2017 on merits and in accordance with law and pass orders on the same,after giving notice to the Petitioner and other interested parties, if any, as expeditiously as possible, preferably within a period of six weeks from the date of receipt of a copy of this order.

7.With the above direction, the Writ Petition stands disposed of. No costs.

Sd/- Assistant Registrar(CS-II) /True copy/ Sub Assistant Registrar To The Zonal Deputy Tahsildar, Viralimalai Taluk, Pudukkottai District.

+1 cc to Mr.R.Boomirajan , Advocate in SR.No. 59494 +1 cc to Special Government Pleader in SR.No.59394 vsn AE/MR/SAR3/15.06.2017/2P/4C W.P(MD)No.10600 of 2017 07.06.2017