Madras High CourtWP(MD)/16384/2021disposed of

Seethalakshmi K v. The Revenue Divisional Officer

2021-09-14Honourable Mr Justice Senthilkumar Ramamoorthy2 pages

W.P.(MD)No.16384 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.09.2021

CORAM

THE HON'BLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY W.P.(MD)No.16384 of 2021 K.Seethalakshmi ... Petitioner Vs.

1.The Revenue Divisional Officer, Kumbakonam, Thanjavur District.

2.S.Gokulakrishnan ... Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the first respondent to consider the petitioner's appeal dated 23.02.2021 and to issue joint patta to the petitioner and along with the names of other legal heirs of Santhanakrishnan regarding the landed property comprised in SR.Nos.315/6, 323/7A2A1, 323/7A2A3, 315/1B1,2A,2B,3, 4308/5A7,308/5A8 situated at Poondi Village, and regarding the other landed properties comprised in S.R.Nos.310/11A,400/1,2,3,4, 309/4,399/6,308/2A,2B1,2B3,2B4,2B5,2C,2D,2E, and 258/12A2 situated at Saliyamangalam Village, Papanasam Taluk, Thanjavur District after conducting enquiry within a period stipulated by this Court. For Petitioner : Mr.A.Senthil Kumar For Respondents : Mr.P.Subbaraj, Counsel for State for R1

O R D E R

The petitioner seeks the early disposal of an appeal filed before the jurisdictional Revenue Divisional Officer in relation to an application for issuance of joint patta to the petitioner and the other legal heirs of the late Santhanakrishnan.

2. The petitioner states that her father, Santhanakrishnan, purchased properties under several survey numbers at Poondi Village and Saliyamangalam Village, Papanasam Taluk, Thanjavur District. He died on 23.03.2013 and is said to be survived by four daughters and a son.

3. The petitioner filed a suit for partition before the civil court, Papanasam and the said suit is said to be pending. The petitioner also applied to the Tahsildar concerned for issuance of a joint patta. The said application was rejected by the Tahsildar. https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.16384 of 2021 Therefore, the petitioner presented an appeal before the first respondent. The present writ petition is filed seeking expeditious disposal of such appeal.

4. Mr.P.Subbaraj, learned counsel for the State, accepts notice on behalf of the first respondent. He submits that the first respondent may be directed to dispose of the pending appeal on merits.

5. In view of the limited scope of the writ petition, it is not necessary to examine or enter findings on the merits. It would be sufficient to direct the first respondent to dispose of the pending appeal within a reasonable time.

6. Accordingly, without going into the merits of the matter, the first respondent is directed to consider the petitioner's appeal dated 23.02.2021 and dispose of the same on merits and in accordance with law 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 second respondent herein. On account of the fact that the merits of the matter have not been gone into, the writ petition is disposed of without notice to the second respondent.

7. W.P(MD).No.16384 of 2021 is disposed of on these terms without any order as to costs.

Sd/- Assistant Registrar (AD-II) // True Copy // / /2021 Sub Assistant Registrar(CS) pkn To The Revenue Divisional Officer, Kumbakonam, Thanjavur District.

+1 CC to M/s.SPL. GP (SR-29094[F] dated 15/09/2021) W.P.(MD)No.16384 of 2021 14.09.2021 GC(24.09.2021) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2