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Madras High CourtWP(MD)/26128/2024allowed

M.Muthuraja v. The District Collector

2024-10-30Honourable Ms. Justice P.T. Asha5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.10.2024

CORAM

THE HONOURABLE Ms.JUSTICE P.T.ASHA M.Muthuraja ... Petitioner /vs./ 1.The District Collector, Sivagangai District, Sivagangai.

2.The District Revenue Officer, Sivagangai, Sivagangai District.

3.The Revenue Divisional Officer, Sivagangai, Sivagangai District.

4.The Tahsildar, Thirupuvanam, Sivagangai District.

5.Sivaprakash ... Respondents 1/5

PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents 1 to 4 to remove the 5th respondents name in Patta No.2041 in respect of the survey Nos.159/1B, 159/2B and 174/11 situated at Thavatharenthal Village, Ambalathadi Group, Thirupuvanam Taluk, Sivagangai District and Survey Nos.26/1, 28/10, 30/3, 30/8, 40/3 and 40/4A situated at Puliyankulam Village, Ethirmarichan, Ambalathadi Group, Thirupuvanam Taluk, Sivagangai District and issued joint patta in the petitioner's name and his sisters, brothers name within a time frame that may be stipulated by this Court based on the representation dated 26.09.2024. For Petitioner : Mr.S.K.Muthamil Venthan For R1 to R4 : Mr.D.S.Nedunchezian Government Advocate

ORDER

The above writ petition has been filed for the issue of a Writ of Mandamus directing the respondents 1 to 4 to remove the fifth respondent's name in Patta No.2041 in respect of the property in S.Nos.159/1B, 159/2B and 174/11 situated at Thavatharenthal Village, Ambalathadi Group, Thirupuvanam Taluk, Sivagangai District and Survey Nos.26/1, 28/10, 30/3, 30/8, 40/3 and 40/4A situated at Puliyankulam Village, Ethirmarichan, Ambalathadi Group, Thirupuvanam Taluk, 2/5

Sivagangai District and issue a joint patta in the petitioner's name and his sisters, brothers name based on the representation dated 26.09.2024.

2. The petitioner had submitted a representation dated 26.09.2024 to the respondents to delete the name of the fifth respondent from patta No.2041 and to issue a joint patta in the name of the petitioner and other joint owners. The representation is also on the basis of the partition decree passed in O.S.No.212 of 2009 on the file of the Principal District Munsif Court, Manamadurai. The petitioner would further submit that despite several representations, no steps have been taken to delete the name of the fifth respondent and to issue joint patta in favour of the petitioner and other co-owners.

3. Considering the request of the petitioner and the fact that the representation has been made on 26.09.2024, a Mandamus is issued to the respondents 1 to 4 to consider the petitioner's representation dated 26.09.2024 and dispose of the same on merits and in accordance with law within a period of 5 months from the date of receipt of a copy of this order. 3/5

4. With the above directions, the Writ Petition stands disposed of. No costs. Speaking : Yes / No 30.10.2024 NCC : Yes / No Internet : Yes / No Index : Yes / No mm To 1.The District Collector, Sivagangai District, Sivagangai.

2.The District Revenue Officer, Sivagangai, Sivagangai District.

3.The Revenue Divisional Officer, Sivagangai, Sivagangai District.

4.The Tahsildar, Thirupuvanam, Sivagangai District.

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P.T.ASHA, J.

mm 30.10.2024 5/5