K.Muruthaiah v. The District Revenue Officer

W.P(MD)No.14185 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.10.2020

CORAM:

THE HONOURABLE MR.JUSTICE S. VAIDYANATHAN W.P(MD)No.14185 of 2020 K.Muruthaiah ... Petitioner Vs.

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

(presently Tenkasi District)

2. The RDO, Office of the RDO, Tenkasi District.

3.The Thasildhar, Office of the Tahsildar, Kadayanallur, Tenkasi District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the third respondent to dispose the application filed by the petitioner dated 20.12.2019 within a stipulated time that may be fixed by this Court.

For Petitioner : Mr.Niranjan S.Kumar For respondents : Mr.M.Muniyasamy Additional Government Pleader

ORDER

This writ petition has been filed for issuance of a direction to the third respondent to dispose the application filed by the petitioner dated 20.12.2019 within a stipulated time that may be fixed by this Court.

2. Mr.M.Muniyasamy, learned Additional Government Pleader takes notice for the respondents. By consent, the writ petition is taken up for disposal at the admission stage itself.

3. The petitioner has submitted his representation, dated 20.12.2019 to the respondents, in order to issue patta in respect of the land in Survey No.165/7 to an extent of 22 Acres and 65 Cents at Kadayanallur, Kambaneri, Pudhukudi Village. But, the said representation was not considered so far. In such circumstances, the petitioner has come forward with the present Writ Petition.

4. Considering the facts and circumstances, the third respondent is directed to consider the representation of the https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P(MD)No.14185 of 2020 petitioner, dated 20.12.2019 and pass appropriate orders in accordance with law, after hearing the petitioner and the necessary parties. In case of issuance of patta, survey needs to be conducted and the said survey shall be photographed and videographed in the presence of the petitioner and necessary parties and the costs of photograph and Videograph to be borne by the party seeking patta. Such exercise shall be completed within a period of three months from the date of receipt of a copy of this order. It is made clear that this Court has not decided the rights of the parties in the present Writ Petition. It is open to the respondents to decide the same in accordance with law. The guidelines issued by this Court in W.P.(MD)No.13465 of 2020 dated 05.10.2020 as modified today should be followed wherever it is applicable.

5. This Court makes it very clear that if it is a joint property, unless there is a bifurcation by means of Sub-division, there is no need of issuance of separate patta.

6. With the above direction, the writ petition is disposed of. No costs.

Sd/- Assistant Registrar (CSIII) // True Copy // / /2020 Sub Assistant Registrar(CS) PJL To 1.The District Revenue Officer, Tenkasi, Tirunelveli District.

(presently Tenkasi District)

2. The RDO, Office of the RDO, Tenkasi District.

3.The Thasildhar, Office of the Tahsildar, Kadayanallur, Tenkasi District.

+1 CC to M/s.SPL GP ( SR-20035[F] dated 14/10/2020 ) W.P(MD)No.14185 of 2020 13.10.2020 BK(CO) KB(09.11.2020) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2