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Madras High CourtWP(MD)/23143/2024allowed

Suseela v. The Revenue Divisional Officer

2024-09-30Honourable Ms. Justice P.T. Asha5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.09.2024

CORAM

THE HONOURABLE Ms. JUSTICE P.T.ASHA Suseela ... Petitioner Vs.

1.The Revenue Divisional Officer, Aruppukottai, Virudhunagar District.

2.The Thasildar, Taluk Office, Aruppukottai Taluk, Virudhunagar 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 second respondent to issue patta in the petitioner's name by considering the representation, dated 08.08.2024 in respect of the agriculture land property which is situated in Survey No.61/1B (Old S.No.61/1) and Survey No.62/7B (Old S.No.62/7), Kaalaiyar Karaisal Kulam Village, Aruppukottai Taluk, Virudhunagar District and agriculture land property which is situated in Survey No:33/3B, 33/6, R.Kallumadam Village, Aruppukottai Taluk, Virudhunagar District within a stipulated time that may be fixed by this Court and pass such further or other order as this Court.

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For Petitioner : Mr.R.Karunanidhi For Respondents : Mr.B.Saravanan Additional Government Pleader

ORDER

Since the petitioner's representation, dated 08.08.2024 grant of patta in respect of the agricultural land property comprised in Survey No.61/1B (Old S.No.61/1) and Survey No.62/7B (Old S.No.62/7), Kaalaiyar Karaisal Kulam Village, Aruppukottai Taluk, Virudhunagar District as also the agricultural land property in Survey No:33/3B, 33/6, R.Kallumadam Village, Aruppukottai Taluk, Virudhunagar District was not been considered, the petitioner is before this Court.

2. The petitioner's request for the patta is based on the unregistered family partition that has taken place on 30.05.1981 in her family. The petitioner's father-in-law, Ramasamy Nayakkar was issued patta in respect of these properties and another properties. In this un-registered partition, the petitioner's husband was allotted to 'C' schedule property and it is on the basis of this partition that the petitioner had made necessary application to the respondents on 03.04.2024 followed by the representation on 08.08.2024. 2/5

3. Heard the learned Counsels on either side.

4. It is seen that the application for separate patta has been made as early as on 03.04.2024 and since no progress was made, the remainder was issued on 08.08.2024.

5. In these circumstances, a Mandamus is issued directing the second respondent to issue patta in the petitioner's name by considering her representation, dated 08.08.2024, within a period of eight (8) weeks from the date of receipt of a copy of this order.

6. The writ petition stands allowed, accordingly. There shall be no order as to costs.

27.09.2024 NCC : Yes / No Index : Yes / No Internet : Yes BTR 3/5

To 1.The Revenue Divisional Officer, Aruppukottai, Virudhunagar District.

2.The Thasildar, Taluk Office, Aruppukottai Taluk, Virudhunagar District.

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P.T.ASHA , J.

BTR 27.09.2024 5/5