Pandiselvam .P v. The Revenue Divisional Officer,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.10.2022
CORAM
THE HONOURABLE Mrs.JUSTICE V.BHAVANI SUBBAROYAN Writ Petition (MD) No.23222 of 2022 P.Pandiselvam .. Petitioner
Versus
1.The Revenue Divisional Officer, Melur Revenue Divisional Office, Narasingampatti @ Vellaripatti, Melur Taluk, Madurai District, Madurai - 625 122.
2.The Tahsildar, Melur Taluk Office, Melur - 625 106, Madurai District.
3.The Melur Zonal Deputy Tashildar, Melur Taluk Office, Melur - 625 106, Madurai District.
4.The Village Administrative Officer, Navinipatty Revenue Village, Melur Taluk, Madurai District - 625 106.
.. Respondents Prayer :- Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the second respondent to issue joint Patta in the name of the petitioner with regard to S.No.348/82 in Navinipatty Village, Melur Taluk, Madurai District, in the light of registered 1/5
Will, bearing Document No.12BKIII/1993, within a stipulated time that may be fixed by this Court, by considering the petitioner's representation, dated 10.08.2022.
For Petitioner :
Mr.N.Mohamed Ayyadurai For Respondents :
Mr.N.Ramesh Arumugam Government Advocate
ORDER
The petitioner has prayed for issuance of a Writ of Mandamus, directing the second respondent to issue joint Patta in respect of S.No.348/82, situated at Navinipatty Village, Melur Taluk, Madurai District, in his name, in the light of a registered Will, bearing Document No.12BKIII/1993, within a time frame, by considering his representation, dated 10.08.2022. 2.Heard Mr.N.Mohamed Ayyadurai, learned counsel appearing for the petitioner and Mr.N.Ramesh Arumugam, learned Government Advocate, who takes notice for the respondents. By consent of the learned counsel appearing for the parties, the Writ Petition is taken up for final disposal at the admission stage itself.
3.According to the petitioner, his grandfather namely, Oyathevan, was in possession and enjoyment of the aforesaid property. He executed a registered Will in favour of the petitioner and his younger brother namely, Palanikumar on 16.04.1993, on the file of the Sub-Registrar Office, Melur, vide Document 2/5
No.12BKIII/1993. Thereafter, on 05.02.2000 the petitioner's grandfather died. After the demise of his grandfather, the petitioner's grandmother namely, Maruthi Ammal also died in the year 2012. Thereafter, the petitioner sent a detailed representation to the respondents on 10.08.2022 seeking issuance of a joint Patta. However, till date, no action has been taken on the petitioner's representation. Hence, the present Writ Petition. 4.The learned Government Advocate appearing for the respondents would submit that the petitioner's representation dated 10.08.2022, would be considered and appropriate orders would be passed by the respondents in accordance with law, within a time frame to be fixed by this Court. 5.
Considering the submissions made by the learned counsel on either side, this Court, without going into the merits of the case, directs the respondents to consider the petitioner's representation, dated 10.08.2022 and pass appropriate orders on merits and in accordance with law, after affording an opportunity of personal hearing to the parties concerned, within a period of 12 weeks from the date of receipt of a copy of this order.
6.This Writ Petition stands disposed of with the above direction. No costs.
Index : Yes/No 10.10.2022 To 1.The Revenue Divisional Officer, Melur Revenue Divisional Office, Narasingampatti @ Vellaripatti, Melur Taluk, Madurai District, Madurai - 625 122.
2.The Tahsildar, Melur Taluk Office, Melur - 625 106, Madurai District.
3.The Melur Zonal Deputy Tashildar, Melur Taluk Office, Melur - 625 106, Madurai District.
4.The Village Administrative Officer, Navinipatty Revenue Village, Melur Taluk, Madurai District - 625 106.
4/5
V.BHAVANI SUBBAROYAN, J.
smn2 Order made in W.P.(MD) No.23222 of 2022 10.10.2022 5/5