S.Murugan, v. The District Revenue Officer,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.09.2017

CORAM:

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM W.P.(MD)No.16497 of 2017 S.Murugan ... Petitioner Vs.

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

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

3.The Tahsildar, Tirunelveli Taluk, Tirunelveli District.

4.The Village Administrative Officer, 76, Suthamalli Village, Tirunelveli Taluk & District.

... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondents 1 and 2 to delete the legal heirs of the predecessors in title in 10

(1) Adangal and to issue separate patta in the name of the petitioner in respect of the land in S.No.871/1A, 871/1B, 871/3A, 871/3B, 871/4, 871/16, 872/2A1, 872/2A2, 880/1B, 880/1D, 880/1E and S.R.No.30 to an extent of 3 acres 59 cents 76, Suthamalli Village, Tirunelveli Taluk, Tirunelveli District within a time frame to be fixed by this Court.

For Petitioner : Mr.T.Chandrasekaran For Respondents : Mr.A.Muthukaruppan Addl. Govt. Pleader

O R D E R

This writ petition is filed seeking for issuance of a Writ of Mandamus directing the respondents 1 and 2 to delete the legal heirs of the predecessors in title in 10(1) Adangal and to issue separate patta in the name of the petitioner in respect of the land in S.No.871/1A, 871/1B, 871/3A, 871/3B, 871/4, 871/16, 872/2A1, 872/2A2, 880/1B, 880/1D, 880/1E and S.R.No.30 to an extent of 3 acres 59 cents 76, Suthamalli Village, Tirunelveli Taluk, Tirunelveli District.

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2.Mr.A.Muthukaruppan, learned Additional Government Pleader takes notice for the respondents. By consent, this writ petition is taken up for final disposal at the admission stage itself. 3.The petitioner would state that his father Sannasi purchased 3 Acre 59 cents in various survey numbers at 76, Suthamalli Village, Tirunelveli Taluk and District, on 14.06.1941. After demise of his father, the petitioner inherited the properties and he is in possession and enjoyment of the same.

4.The petitioner would further state that originally a patta was issued in the name of his father and now it would stand in the name of the petitioner. Since the legal heirs of the predecessors in title were also included, the petitioner gave a representation to the respondents to delete their names and issue separate patta. Since no action has been taken, the present writ petition. 5.Considering the limited scope of the prayer sought for by the petitioner, this Court, without going into the merits of the matter, directs the third respondent to consider the representation of the petitioner dated 29.01.2016 and 06.04.2017 and pass appropriate orders on merits and in accordance with law, after providing opportunity to all necessary parties, within a period of twelve weeks from the date of receipt of a copy of this order. 6.With the above direction, this Writ Petition stands disposed of. No costs.

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

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

3.The Tahsildar, Tirunelveli Taluk, Tirunelveli District.

4.The Village Administrative Officer, 76, Suthamalli Village, Tirunelveli Taluk & District.

+1cc to THE SPECIAL GOVERNMENT PLEADER in SR. No.76625 SKN JS/SV.MMS/SAR.2/12.09.2017/2P-6C W.P.(MD)No.16497 of 2017 https://hcservices.ecourts.gov.in/hcservices/ 01.09.2017