Madras High CourtWP(MD)/13910/2021disposed of

Ramu v. The District Collector

2021-08-10Honourable Mr Justice Senthilkumar Ramamoorthy2 pages

W.P.(MD)No.13910 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.08.2021

CORAM

THE HON'BLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY W.P.(MD)No.13910 of 2021 Ramu ... Petitioner Vs.

1. The District Collector, Madurai District, Madurai.

2. The District Revenue Divisional Officer, Madurai District, Madurai.

3. The Revenue Divisional Officer, Revenue Divisional Office, Madurai North, Vellaripatti, Madurai District.

4. The Tahsildar, Melur Taluk, Madurai District.

5. Alaguraj.

... Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 to 3 to pass an appropriate order, by considering the petitioner's representation dated 10.07.2021 to cancel the joint patta No.1923 in the petitioner's name along with the fifth respondent and to issue fresh patta exclusively in the petitioner's name in respect of Survey No.371/6K an extent of 0.3.00 Ares (7.30 Cents) situated at Vadakku Valayapatti Village, Melur Taluk, Madurai District, within the time frame that may be stipulated by this Court. For Petitioner : Mr.R.Murugan For Respondents : Mr.P.Subbaraj, Counsel for State R1 to R4

O R D E R

The petitioner seeks cancellation of joint Patta No.1923 and issuance of a separate fresh patta in the petitioner's name in respect of the property bearing Survey No.371/6K at Vadakku Valayapatti Village, Melur Taluk, Madurai District.

2. Mr.P.Subbaraj, learned counsel for the State, accepts notice on behalf of respondents 1 to 4. He submits that the petitioner's representation may be considered and disposed of by the third respondent in accordance with law.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.13910 of 2021

3. The documents on record disclose that the petitioner acquired the property under a registered sale deed. The joint Patta No.1923 dated 21.11.2020 is also enclosed and this document reflects the name of T.Alagan, Alaguraj and Ramu. Therefore, it would be necessary to hear the three joint pattadhars before a decision is taken in the matter.

4. Accordingly, the third respondent herein is directed to consider the petitioner's representation dated 10.07.2021 and dispose of the same by a reasoned order after providing a reasonable opportunity to all the persons whose names are reflected in the joint patta dated 21.11.2020. Such reasoned order shall be passed within a period of three months from the date of receipt of a copy of this order. In view of the fact that the merits of the matter have not been gone into and because the third respondent is directed to hear the fifth respondent before passing orders, the writ petition is disposed of without notice to the fifth respondent.

5. W.P(MD).No.13910 of 2021 is disposed of on these terms without any order as to costs.

Sd/- Assistant Registrar (AS) // True Copy // / /2021 Sub Assistant Registrar(CS) pkn To:

1. The District Collector, Madurai District, Madurai.

2. The District Revenue Divisional Officer, Madurai District, Madurai.

3. The Revenue Divisional Officer, Revenue Divisional Office, Madurai North, Vellaripatti,Madurai District.

4. The Tahsildar, Melur Taluk, Madurai District.

+1 CC to M/s.R.MURUGAN, Advocate ( SR-25839[F] dated 10/08/2021 ) +1 CC to M/s.GP ( SR-25899[F] dated 11/08/2021 ) W.P.(MD)No.13910 of 2021 10.08.2021 RK (23.08.2021) 2P 7C https://hcservices.ecourts.gov.in/hcservices/ 2/2