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Madras High CourtWP(MD)/20378/2021allowed

Murugesan. R v. The Commissioner (Land Revenue)

2021-11-15Honourable Mr Justice C.V. Karthikeyan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.11.2021

CORAM:

THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN R.Murugesan ... Petitioner vs.

1.The Commissioner [Land Revenue], Commissioner Office, Land Revenue, Chepauk, Chennai.

2.The District Collector, The District Collector's Office, Sivagangai.

3.The District Revenue Officer, The District Revenue Office, Sivagangai.

4.The Revenue Divisional Officer, Revenue Divisional Office, Sivagangai.

5.The Tahsildar, Tahsildar Office, Manamadurai, Sivagangai District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, to direct the respondents to consider the petitioner's representation on 15.09.2021 and consequently direct the respondents to issue joint patta in the name of the petitioner's father's legal heirs in S.No.200, Melapidavur Village, Manamadurai Taluk, Sivagangai District. For Petitioner : Mr.R.Senthilkumar For Respondents : Mr.D.Ghandhiraj Special Government Pleader

O R D E R

The petitioner had given a representation on 15.09.2021 to issue joint patta in his name and in the name of other legal heirs of his father with respect to the land in S.No.200, Melapidavur Village, Manamadurai Taluk, Sivagangai District. 2.In the affidavit filed in respect of the writ petition, the 1/3

petitioner/Murugesan S/o. Late. Raman, had stated that his family had been enjoying the said punja land for the period of nearly 50 years. His grandfather has purchased the property. He had also developed the property. The father had further developed the property by obtaining an electricity connection and also constructing a small house. His father died on 24.05.2021. Apart from the petitioner herein, there are seven other legal heirs, namely, mother, sisters and brothers. The joint patta is, therefore, required to be given in the name of his mother, sisters and brothers and also in the name of the petitioner herein. For this purpose, a representation was given on 15.09.2021. 3.Mr.D.Ghandiraj, learned Special Government Pleader, accepts notice on behalf of all the respondents. The learned Special Government Pleader pointed out that the petitioner has to file necessary application in accordance with the procedures namely, through on-line and also pay necessary fees in accordance with the rules and regulations.

4.I am confident that the fifth respondent/Tahsildar would do the necessary enquiry with the petitioner and other legal representatives and any other persons, who may be interested in grant of joint patta as sought for by the petitioner. The Tahsildar is granted a time of 16 weeks to consider the representation of the petitioner from the date on which, an on-line application is received by the Tahsildar.

5.With the above observations, the Writ Petition Stands allowed. No costs.

Sd/- Assistant Registrar (AE) // True Copy // / /2021 Sub Assistant Registrar(CS) 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.

To 1.The Commissioner [Land Revenue], Commissioner Office, Land Revenue, Chepauk, Chennai.

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2.The District Collector, The District Collector's Office, Sivagangai.

3.The District Revenue Officer, The District Revenue Office, Sivagangai.

4.The Revenue Divisional Officer, Revenue Divisional Office, Sivagangai.

5.The Tahsildar, Tahsildar Office, Manamadurai, Sivagangai District.

+1 CC to M/s.R. SENTHILKUMAR, Advocate ( SR-34504[F] dated 15/11/2021 ) +1 CC to M/s.SPL GP ( SR-34753[F] dated 17/11/2021 ) 15.11.2021 RD(29.11.2021) 3P 8C 3/3