Subbiah Thevar v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.08.2023

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI Subbiah Thevar ... Petitioner Vs 1.The District Collector, Ramanathapuram District, Ramanathapuram.

2.The Revenue Divisional Officer, Paramakudi, Ramanathapuram District.

3.The Tahsildar, Kadaladi Taluk Office, Kadaladi, Ramanathapuram District.

...Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the third respondent to issue patta in the petitioner's name in respect of land in Survey No.886/3 to an extent of 4 cents situated at S.T.Sethurajapuram Village, Tharaikudi Group, Kadaladi Taluk, 1/5

Ramanathapuram District, based on the petitioner's representation dated 06.07.2023.

For Petitioner : Mr.S.Muniyandi For Respondents : Mrs.D.Farjana Ghoushia Special Government Pleader

O R D E R

The petitioner has applied for an issuance of patta and has approached this Court that his application, dated 06.07.2023 has not been considered by the respondents so far.

2. Mrs.D.Farjana Ghoushia, learned Special Government Pleader, who takes notice for the respondents submits that the subject property was originally purchased by this petitioner along with his brother one Paramasiva Thevar in the year 1975 as per the document No.262/1975. The petitioner is now seeking a separate patta in favour of him. Based on his application, an enquiry was conducted and during the enquiry, it reveals that the other land owner Paramasivathevar died in the year 2020, leaving behind his 2/5

wife one Boologa Ranjitham and his sons, namely Vadivelmurugan, Muniyasamy and Jagatheeswaran as his legal heirs. Therefore, the petitioner was directed to obtain a consent letter from the legal heirs of Paramasivathevar. Since the petitioner failed to produce the required documents, the application of the petitioner has not been processed.

3.Considering the facts that the petitioner has sought for a separate patta for the property owned by him along with his brother one Paramasivathevar after the death of the said Paramasivathevar and since the said Paramasivathever is having legal heirs, the petitioner has to necessarily submit a fresh application along with the legal heirs of the said Paramasivathever and on such filing of an application, a joint patta shall be issued by the respondents in favour of the petitioner and the legal heirs of his brother Paramasivathevar.

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4.With the above directions, this writ petition is disposed of. No costs.

14.08.2023 NCC :Yes/No Index :Yes/No Internet:Yes vrn To 1.The District Collector, Ramanathapuram District, Ramanathapuram.

2.The Revenue Divisional Officer, Paramakudi, Ramanathapuram District.

3.The Tahsildar, Kadaladi Taluk Office, Kadaladi, Ramanathapuram District.

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B.PUGALENDHI, J.

vrn Order made in 14.08.2023 5/5