Vijaya. A v. The District Revenue Officer
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.01.2022
CORAM
THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN A.Vijaya ... Petitioner Vs.
1.The District Revenue Officer, Virudhunagar District, Virudhunagar.
2.The Revenue Divisional Officer, Sattur Town, Virudhunagar District.
3.The Tahsildar, Taluk Office, Rajapalayam Town, 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 respondents herein to issue joint patta in the name of the petitioner and her three children in S.No.236/2 (New S.No.301/7) measuring an extent of 3 1⁄2 cent in Kalangaperi (Arasiyarpatti revenue village), Rajapalayam Taluk by considering the representation of the petitioner dated 27.07.2021. For Petitioner : Mr.K.Kaviarasan For Respondents : Mr.D.Ghandiraj, Special Government Pleader.
ORDER
Heard Mr.K.Kaviarasan, learned counsel for the petitioner and Mr.D.Ghandiraj, learned Special Government Pleader who takes notice on behalf of the respondents.
2. The husband of the petitioner, Aathi Ayyakone @ Aathimoolam had purchased 7 cents of land in Old Survey No.236/2, New Survey No.301/7 at Kalangaperi (Arasiyarpatti Revenue Village), Rajapalayam Taluk by a registered sale deed dated 22.05.1972. It is claimed by the petitioner that patta had been granted to her husband with respect to 3 1⁄2 cents. The said 3 1⁄2 cents had been dealt with by the petitioner subsequent to the death of her husband. 1/3
3. It must be mentioned that her husband died intestate of snake bite on 08.05.1991. The petitioner and her three sons are the only legal heirs. All of them jointly sold the 3 1⁄2 cents out of the total 7 cents by a registered sale deed dated 23.02.2005 to one Palani Kumar. The balance 3 1⁄2 cents is retained by the petitioner and her three sons. For that land, there is no patta. Seeking patta, the petitioner had approached the respondents particularly the third respondent. The petitioner had given a representation on 27.07.2021.
4. It will only be appropriate that the petitioner files necessary application online in accordance with the procedure and also pays the necessary charges for grant of patta not only in her name but also in the name of her three sons. On receipt of such application, let the third respondent / the Tahsildar, Taluk Office, Rajapalayam Town, Virudhunagar District enquire the petitioner and also enquire any other neighbours more particularly Palani Kumar, the purchaser of the remaining 3 1⁄2 cents and if documents are in order and if he comes to personal satisfaction, proceed to act further on the application of the petitioner. The entire exercise shall be completed within a period of twelve (12) weeks from the date of receipt of fresh application and payment of necessary charges by the petitioner herein.
5. With the above observations, this Writ Petition is disposed of. There shall be no order as to costs. Sd/- Assistant Registrar (Records) // True Copy // / /2022 Sub Assistant Registrar(CS) Lm 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 District Revenue Officer, Virudhunagar District, Virudhunagar.
2/3
2.The Revenue Divisional Officer, Sattur Town, Virudhunagar District.
3.The Tahsildar, Taluk Office, Rajapalayam Town, Virudhunagar District.
+1 CC to M/s.M.THIRUNAVUKKARASU, Advocate ( SR-63 [F] dated 04/01/2022 ) 03.01.2022 NSN(CO) KB(19.01.2022) 3P 5C 3/3