Anandhan v. The District Revenue Officer
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.10.2024
CORAM:
THE HONOURABLE MR.JUSTICE B.PUGALENDHI W.P(MD)No.23961 of 2024 and WMP(MD) Nos.20291 & 20294 of 2024
1. Anandhan
2. Chinna Anandhan
3. Akathian
4. Chinna Poosari
5. Anandhan
6. Anandhan
...Petitioners
Vs 1.The District Revenue Officer, Collectorate Campus, Dindigul District.
2.The Revenue Divisional Officer, Kambilaiampatti, Dindigul East Taluk, Dindigul District.
3.The Tahsildar, Taluk Office, Dindigul East Taluk, Dindigul District.
4. Chittammal
5. Vellaiyammal 1/7
6. Andiammal
7. Chinnasamy
8. Ganesan
...Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the 1st and 3rd respondents to transfer the joint patta no. 2194 and issue separate patta in the name of the petitioners 1 to 6 in Survey No. 391/1D1A1 in Patta No. 2194 an extent of 110 cents of the 1st petitioner, 25 cents of the 2nd petitioner, 20 cents of the 3rd petitioner, 25 cents of the 4th petitioner, 20 cents of the 5th petitioner, and 60 cents of the 6th petitioner situated at Senkurichi Village, Dindigul East Taluk, Dindigul District stands in the name of the petitioners 1 to 6 respectively on the basis of the petitioners' representation dated 13.09.2024.
For Petitioner : Mr.N.Balasubramanian For R1 to R3 : Mr.B.Saravanan Additional Government Pleader
O R D E R
The petitioners are the brothers and sisters. They said to have entered into a partition deed in the month of June 2024 and registered the same in Document No.726 of 2024, dated 04.06.2024. Based on the partition deed, they have applied for an individual patta 2/7
before the Tahsildar, Dindigul East Taluk/the third respondent, in the name of the respective share holders/petitioners, by a representation, dated 13.09.2024. The petitioners have approached this Court that their representation is not considered.
2.The learned counsel appearing for the petitioners submit that the properties in S.No.391/1D1A1, Senkurichi Village, Dindigul East Taluk, Dindigul District in patta No.2194, to an extent of 110 cents belong to them by inheritance. The said property was purchased by their ancestors by various documents in Doc.Nos. 694/1969, 1850/1970, 2042/1976 dated 25.03.1969, 01.07.1970 and 30.12.1976 respectively. The petitioners are in occupation of the above property and they have entered into a partition deed and it was registered vide Document No.726 of 2024 on 04.06.2024. Based on which, the petitioners have sought for an individual patta and the same has not been considered.
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3.Mr.B.Saravanan, learned Additional Government Pleader takes notice for the official respondents and submits that the petitioners have submitted their application only on 13.09.2024 and the Tahsildar has called for a report from the Village Administrative Officer and after conducting an enquiry, necessary orders would be passed on their application, dated 30.09.2024. 4.This Court considered the rival submissions made and also perused the materials placed on record.
5.The petitioners claim that they have effected a partition deed on 04.06.2024 and based on which, an individual patta has been sought for by them. The respondents claim that the petitioners have submitted their application only on 13.09.2024 and they have called for a report from the Village Administrative Officer and on receipt of the same, necessary orders would be passed. 4/7
6.In view of the above, this writ petition is disposed of with a direction to the third respondent to conduct an enquiry, conclude the same and pass suitable orders within a period of two months from the date of receipt of a copy of this order. No costs. Consequently, connected Miscellaneous Petitions are closed. 14.10.2024 NCC :Yes/No Index :Yes Internet :Yes vrn To 1.The District Revenue Officer, Collectorate Campus, Dindigul District.
2.The Revenue Divisional Officer, Kambilaiampatti, Dindigul East Taluk, Dindigul District.
3.The Tahsildar, Taluk Office, Dindigul East Taluk, Dindigul District.
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B.PUGALENDHI, J.
vrn Order made in W.P(MD)No.23961 of 2024 and WMP(MD) Nos.20291 & 20294 of 2024 14.10.2024 7/7