Rajendhran.P v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.11.2021
CORAM
THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN 1.P.Rajendhran 2.N.Maragatham 3.T.Karthikeyan ... Petitioners Vs.
1.The District Collector, Tiruchirappalli.
2.The Tahsildar, Thuraiyur, Tiruchirappalli.
... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the respondents to consider the representation dated 07.08.2021 with regard to issue of joint patta in the petitioners name. For Petitioners : Mr.T.A.Punithan For Respondents : Mr.S.Shanmugavel, Special Government Pleader.
ORDER
The petitioners seek patta with respect to the property which they claim to be purchased by the father of the first petitioner and which property is situated in Survey No.304/7 measuring 0.67 acres and in Survey No.304/6 measuring 0.28 acres in Thuraiyur Taluk, Tiruchirappalli District.
2. It is claimed that the said property was originally owned by Mr.V.Maruthamuthu who had conveyed the property by way of a registered sale deed dated 19.06.1974 to the father of the first petitioner, Mr.V.Ponnambalam. The second petitioner is the brother's wife of the first petitioner and third petitioner is the brother's son of the first petitioner. It is claimed that the brother is dead. It is claimed that these petitioners are the only legal heirs of Mr.V.Ponnambalam. It is therefore claimed that patta must be granted with respect to the aforesaid lands to the petitioners herein. A representation was given to the Tahsildar. 1/3
3. Mr.S.Shanmugavel, learned Special Government Pleader, takes notice on behalf of the respondents and drew my attention to a document which had been actually written by the first petitioner to the Tahsildar in which he had stated about various other persons namely Raju, Son of Govindan and sons of Marudhan namely Arumugam and Rajendhran.
It is only appropriate according to Mr.S.Shanmugavel, that they are also impleaded as parties. It is also stated that the sale deeds had not been produced for examination by the Tahsildar.
4. A direction is given to the petitioners herein to make a further application online by paying necessary fees to the Tahsildar / the second respondent. On receipt of such application, the Tahsildar may invite the petitioners for an inquiry and also issue notice specifically to Raju, Son of Govindan, and also Arumugam and Rajendhran, sons of Marudhan and to also any other individual who may be either directly or indirectly interested in the said property and examine the title deeds of the petitioners and call upon the petitioners to produce further documents and after making complete inquiry, pass considered order with respect to either grant or denial of patta. Such orders may be passed within a period of 16 weeks from the date of receipt of application from the petitioners herein.
5. With the said observations, this Writ Petition is disposed of. There shall be no order as to costs. Sd/- Assistant Registrar (CS-I) // True Copy // / /2021 Sub Assistant Registrar(CS) Lm/Nsr 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.
To 1.The District Collector, Tiruchirappalli.
2.The Tahsildar, Thuraiyur, Thiruchirappalli.
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+1 CC to M/s.SPL.GP ( SR-34263[F] dated 12/11/2021 ) 11.11.2021 SVN(CO) KB(24.11.2021) 3P 4C 3/3