Ravi v. The District Revenue Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.08.2021

CORAM

THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY Ravi ... Petitioner Vs.

1.The District Revenue Officer, Collectorate Campus, Pudukottai, Pudukottai District.

2.The Revenue Divisional Officer, Revenue Divisional Office, Pudukottai, Pudukottai District.

3.The Thasildar, Taluk Office, Pudukottai (South Taluk), Pudukottai District.

4.The Commissioner, Pudukottai Municipality, Pudukottai, Pudukottai District. ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondent particularly the third respondent to transfer patta in the name of legal heirs of deceased the petitioner's father Arumugam for his property of bearing New Survey No.232-2, Old Survey No.232/Pa, Patta No.1493, situated at Pudukottai. For Petitioner : Mr.R.Murugappan For Respondents : Mr.R.Baskaran, Counsel for State for R1 to R3 : Mr.P.mahendran for R4

ORDER

The petitioner seeks a patta transfer in the names of the legal heirs of his deceased father Arumugam.

2. The petitioner states that the property bearing New Survey No.232-2, Old Survey No.232/Pa at Pudukottai belonging to his late father Arumugam. He relies upon the patta issued in his father's name bearing patta No.1493.

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3. Upon his father's death on 25.01.2004, the petitioner and the other legal heirs desired to effect a mutation of the patta so as to reflect the name of the successors in interest of his father. The present writ petition is filed on account of the failure to act on the representation dated 22.07.2021.

4. Mr.R.Baskaran, learned counsel for the State, accepts notice on behalf of the respondents 1 to 3 and Mr.P.Mahendran, learned Standing Counsel, accepts notice on behalf of the Pudukottai Municipality. Mr.R.Baskaran submits that the petitioner has enclosed a copy of the patta and other relevant documents and therefore the representation may be considered and disposed of on merits.

5. The documents on record include the patta in the name of the petitioner's father, his death certificate, the legal heirship certificate showing the name of the petitioner, his mother Pandiammal, his brothers Murali and Moorthy and his sister Priya. The property tax receipts are also enclosed. In such circumstances, the petitioner has made out a case for the issuance of a direction to the third respondent herein. Accordingly, the third respondent herein is directed to consider the petitioner's representation dated 22.07.2021 for grant of patta and to act on such representation after calling for all necessary documents in such regard. The entire exercise should be concluded within a period of three months from the date of receipt of a copy of this order after providing a reasonable opportunity to the petitioner and the other legal heirs of the late Arumugam.

6. W.P.(MD).No.15261 of 2021 is disposed of on these terms without any order as to costs.

Sd/- Assistant Registrar (CS-III) // True Copy // / /2021 Sub Assistant Registrar(CS) sbn Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

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To 1.The District Revenue Officer, Collectorate Campus, Pudukottai, Pudukottai District.

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

3.The Thasildar, Taluk Office, Pudukottai (South Taluk), Pudukottai District.

4.The Commissioner, Pudukottai Municipality, Pudukottai, Pudukottai District.

+1 CC to M/s.SPL GP (SR-27621[F] dated 31/08/2021) 27.08.2021 GC(06.09.2021) 3P 6C 3/3