Parvathi v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.10.2021
CORAM
THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY W.P(MD).No.18634 of 2021 Parvathi ... Petitioner Vs.
1.The District Collector, District Collector Office, Tiruchirappalli.
2.The District Revenue Officer, District Collector Office, Trichirappalli District.
3.The Revenue Divisional Officer, Revenue Divisional Office, Srirangam, Trichirappalli District.
4.The Tahsildar, Srirangam Taluk Office, Srirangam, Trichirappalli District.
5.The Village Administrative Officer, Sirugamani East, Srirangam, Trichirappalli District.
... 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 fourth respondent to issue patta in the name of the petitioner for the property situated at Natham old Survey No.215/3 in New Survey No.233/15 in Sirugamani East Village, Kavalkarapalayam, Srirangam Taluk, Trichirappalli District based on the petitioner's representation dated 18.08.2021 within a time frame as fixed by this Court.
For Petitioner : Mr.T.P.Bala Subramanian For Respondents : Mr.K.S.Selva Ganesan Counsel for State
ORDER
The petitioner seeks issuance of a patta in respect of the property bearing old S.No.215/3, new S.No.233/15 in Sirugamani 1/3
East Village, Kavalkarapalayam, Srirangam Taluk, Trichirappalli District.
2.The petitioner states that her family has resided in the above mentioned property for a considerable period of time. According to the petitioner, both her parents are dead. She has two siblings namely, one Pechiyammal and one Marimuthu. The petitioner relies upon the revenue records which reflect the name of her father, Mukkan, s/o Marimuthu. On the basis of being in peaceful possession of the said property for a considerable period of time, the petitioner seeks issuance of a patta. 3.Mr.K.S.Selva Ganesan, learned counsel for the State, accepts notice for respondents 1 to 5. He points out that the petitioner's father had three children, including the petitioner; consequently, all the legal heirs should be put on notice before a decision is taken on the petitioner's request.
4.The decision as to whether patta should be issued in respect of Government land depends on the classification and use of the relevant land. In addition, documents relating to alleged possession and use of the property by the applicant should be examined. In the context of the revenue records reflecting the name of the petitioner's father, all the legal heirs should be put on notice.
5.Subject to the above observations, W.P.(MD).No.18634 of 2021 is disposed of by directing the fourth respondent to consider the petitioner's representation dated 18.08.2021 and dispose of the same by a reasoned order after providing a reasonable opportunity to all the children of Mukkan. Such reasoned order shall be issued within a period of three (3) months from the date of receipt of a copy of this order. However, there will be no order as to costs. Sd/- Assistant Registrar (AD II) // True Copy // / /2021 Sub Assistant Registrar(CS) sn/sji 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 Collector, District Collector Office, Tiruchirappalli.
2.The District Revenue Officer, District Collector Office, Trichirappalli District.
3.The Revenue Divisional Officer, Revenue Divisional Office, Srirangam, Trichirappalli District.
4.The Tahsildar, Srirangam Taluk Office, Srirangam, Trichirappalli District.
5.The Village Administrative Officer, Sirugamani East, Srirangam, Trichirappalli District.
+1 CC to M/s.SPL.GP (SR-32380[F] dated 25/10/2021) W.P(MD).No.18634 of 2021 22.10.2021 VR(CO) SB(01.11.2021) 3P 7C 3/3