P.Malaipuliyan v. The Government Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.10.2024

CORAM:

THE HONOURABLE MS.JUSTICE P.T.ASHA P.Malaipuliyan .. Petitioner Vs.

1.The Revenue Divisional Officer, Melur Taluk, Madurai District.

2.The Tahsildar, Melur Taluk, Madurai District.

3.M.Ariyammal .. Respondents Prayer: Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, directing the respondents 1 and 2 to register the petitioner's name in the place or Ariyammal in survey no 144/60 in the Village Record (Adangal Register) and issue patta to the petitioner as per the earlier allotment order obtained by the petitioner vide Na.Ka.no.10043/97/A3, dated 28.08.1997, parent document and possession.

For Petitioner :

Mr.K.Mani

For R1 & R2 :

Mr.B.Saravanan Additional Government Pleader

ORDER

A petition dated 25.06.2024 had been filed by the petitioner before the 2nd respondent to rectify the error made in the Adangal Register relating to Survey No.144/60 and to register his name in the Adangal and to issue patta to him as per the earlier allotment order, dated 28.08.1997 in Na.Ka.no.10043/97/A3. Despite receiving this petition, no further action has been taken in this regard. Therefore, the petitioner is before this Court.

2. The case of the petitioner is that he claims a right to the aforesaid property on the basis of purchase in his name and in the name of A.Puliyammal under a registered sale deed, dated 07.09.1967. The said Puliyammal was the paternal aunt of the petitioner whose marriage was terminated and who lived the petitioner and died in the year 1984 without leaving any legal heirs. Therefore, the petitioner had become the sole owner of the aforesaid property. He would submit that while verifying

the Adangal register, a mistake had been noticed and he has immediately filed a petition before the 2nd respondent, which has not been considered to date. Therefore, the petitioner is before this Court.

3. Heard the learned counsel on either side.

4. Considering the fact that the petitioner has filed a petition as early as on 25.06.2024, a mandamus is issued to the 1st respondent to dispose of the said petition within a period of eight (8) weeks from the date of receipt of copy of this order.

5. With the above directions, this Writ Petition stands allowed. No costs.

04.10.2024 NCC : Yes/No Index : Yes/No Internet : Yes gbg

P.T.ASHA, J.

gbg To 1.The Revenue Divisional Officer, Melur Taluk, Madurai District.

2.The Tahsildar, Melur Taluk, Madurai District.

04.10.2024