Tamilarasi v. The Revenue Divisional Officer
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.08.2024
CORAM:
THE HONOURABLE MS.JUSTICE P.T.ASHA Tamilarasi .. Petitioner Vs.
The Revenue Divisional Officer, Sivagangai, Sivagangai District.
.. Respondent Prayer: Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, directing the respondent to dispose of the Appeal filed by the petitioner in Na.Ka.No.7324/2021 within the time frame to be fixed by this Court. For Petitioner :
Mr.C.Narendren For Respondents :
Mr.B.Saravanan Additional Government Pleader
ORDER
The petitioner would submit that the petitioner's father Malairaj and one Vellaisamy had jointly purchased a piece of land in S.No.36/1,
Paalkulam Village, Paalkulam Group, Kalaiyar Koil Taluk, Sivagangai District under a registered sale deed dated 06.07.1959. Thereafter, under an oral partition between the two, the northern portion of the property was allotted to the petitioner's father and the southern portion was allotted to the said Vellaisamy. His father had made an application for mutation of revenue records before the jurisdictional Tahsildar. The lands were subdivided as S.Nos.36/1A and 36/1B. The lands in S.No. 36/1A stood in the name of the petitioner's father and the other in the name of their vendor Thangasamy Pillai. The petitioner's father died on 05.06.1995 leaving behind the petitioner and her sister Renuka Devi. Vellaisamy had also died leaving behind five legal heirs.
The petitioner and his sister entered into a family arrangement and had made application to have the patta mutated in their names at which point in time, they came to learn that the name of one Thilagavathi, wife of Veluchamy was wrongly included in the patta for the said land. The petitioner would submit that the said Thilagavathi has no right or interest over the said property as S.No.36/1A was allotted to the petitioner's father under the oral partition.
the respondent by way of appeal to delete the wrong entries and this appeal is still pending from the year 2021 and no steps have been taken. Aggrieved by this lackadaisical approach, the petitioner has moved the present writ petition.
2. Heard the learned counsel on either side.
3. Considering the request of the petitioner, a mandamus is issued to the respondent to consider and pass orders on the petitioner's appeal within a period of eight weeks from the date of receipt of a copy of this order. It is needless to state that notice shall be issued to Thilagavathi, wife of Veluchamy and she shall also be heard before orders are passed.
4. With the above direction, this Writ Petition is allowed. No costs.
NCC : Yes/No 07.08.2024 Index : Yes/No Internet : Yes abr
P.T.ASHA, J.
abr To The Revenue Divisional Officer, Sivagangai, Sivagangai District.
Dated: 07.08.2024