Aadeeswaran v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.11.2021
CORAM
THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY Aadeeswaran ... Petitioner Vs.
1.The District Collector, Sivagangai District, Sivagangai.
2.The District Revenue Officer, Collectorate, 3.The Revenue Divisional Officer, Collectorate, 4.The Tahsildar, Tirupuvanam Taluk, ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, by directing the respondents to grant joint patta by considering the petitioner's representation dated 23.09.2021 for the land to an extent of 11 cents comprised in Survey No.26/12 situated at Allinagaram Village, Tirupuvanam Taluk, Sivagangai District within the period that may be stipulated by this Court.
For Petitioner : Mr.V.Vishnu For Respondents : Mr.K.S.Selva Ganesan Counsel for State
ORDER
The petitioner seeks a direction for the grant of joint patta in respect of the land measuring 11 cents in Survey No.26/12 at Allinagaram Village, Tirupuvanam Taluk, Sivagangai District. 2.According to the petitioner, he is entitled to 5 1⁄2 cents out of 11 cents in the above mentioned survey number. It is stated that the said property devolved on his father through an oral partition. The petitioner alleges that his father's name was erroneously not included in the patta issued in respect of the said property and that only his paternal uncle's name was included therein. The petitioner also alleges that the patta has now been 1/3
transferred from the name of his paternal uncle, Ayyamperumal, to the name of his cousin, Rasu. The present Writ Petition is filed in these facts and circumstances.
3.Mr.K.S.Selva Ganesan, learned counsel for the State, accepts notice on behalf of all the respondents. On written instructions, he submits that the petitioner is in possession of the said 5 1⁄2 cents and that the respondents are ready to consider the petitioner's request for grant of joint patta. 4.In view of the said submissions of learned counsel for the State, W.P.(MD).No.19228 of 2021 is disposed of by directing the respondents to consider the petitioner's representation dated 23.09.2021 seeking joint patta and dispose of the said representation by a reasoned communication after providing a reasonable opportunity to the petitioner, the other legal heirs of the petitioner's father and to the current pattadhars in respect of the said property.
Such reasoned order shall be issued within a period of three (3) months from the date of receipt of a copy of this order. There will be no order as to costs. Sd/- Assistant Registrar (A.D II) // True Copy // / /2021 Sub Assistant Registrar(CS) tsg/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, Sivagangai District, Sivagangai.
2.The District Revenue Officer, Collectorate, 3.The Revenue Divisional Officer, Collectorate, 2/3
4.The Tahsildar, Tirupuvanam Taluk, +1 CC to M/s.SPL.GP ( SR-33664[F] dated 08/11/2021 ) 01.11.2021 TSK(CO) RS/PM (16.11.2021) 3P 6C 3/3