Senthil @ Thiraviyam v. The District Revenue Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.11.2024

CORAM

THE HONOURABLE MRS.JUSTICE N.MALA Senthil @ Thiraviyam ... Petitioner Vs.

1.The District Revenue Officer, Sivagangai District, Sivagangai.

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

3.The Tahsildar, Karaikudi Taluk, Sivagangai District.

4.The Revenue Inspector, Karaikudi Firka and Taluk, Sivagangai District.

5.The Village Administrative Officer, Iluppakudi Revenue Village, Karaikudi Taluk, Sivagangai District.

...Respondents

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PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents to issue computerized joint patta to the petitioner and other legal heirs based on the patta transfer order of the third respondent in Moo.Moo.D.P.D.No.347/2001-02, dated 30.05.2002 by considering the petitioner's representation, dated 03.11.2023. For Petitioner : Mr.T.Veerakumar For Respondents : Mr.R.Ragavendran Government Advocate

O R D E R

This writ petition has been filed for a direction to the respondents to issue computerized joint patta to the petitioner and other legal heirs based on the patta transfer order of the third respondent, dated 30.05.2002 by considering the petitioner's representation, dated 03.11.2023.

2. The property originally belonged to the petitioner's grandfather, who acquired the same under the registered sale deed in Doc.No.876/1952, dated 29.04.1952 and Doc.No.1920/1952, dated 27.08.1952. The receiver of the Karaikudi Nattar, executed a release deed in favour of the petitioner's grandfather in respect of the subject property on 19.02.1979. According to the petitioner, after the death of petitioner's grandfather and grandmother, the 2/6

property devolved on their legal heirs, namely, Rajammal and Rathinam. The petitioner's mother, Rathinam died and subsequently, the property was subdivided as S.No.392/9A2A in respect of the petitioner's mother share. Likewise, the share of the petitioner's maternal Aunt was subdivided as S.No.392/9A2B. The third respondent vide proceedings, dated 30.05.2002 transferred the patta in favour of the legal heirs of the petitioner's deceased mother. The joint patta was issued for the petitioner's mother share in favour of the legal heirs excluding the father, who had died. Under the circumstances, the petitioner approached the respondents 1 to 3 to issue joint patta in favour of the petitioner and his sisters on the basis of patta transfer order of the third respondent, dated 30.05.2002. As no action was taken, the petitioner submitted a representation on 03.11.2023 to the third respondent. As the third respondent did not take any action, the petitioner filed the writ petition for the aforesaid relief.

3. The learned counsel for the petitioner submits that though a larger relief is claimed in the writ petition, it would suffice if a direction is issued to the third respondent to dispose of the petitioner's representation, dated 03.11.2024 within a time frame fixed by this Court. 3/6

4. The learned Government Advocate for the respondents submits that sufficient time may be given to dispose of the representation of the petitioner, dated 03.11.2024.

5. Considering the limited prayer of the learned counsel for the petitioner, a direction is issued to the third respondent to dispose of the representation of the petitioner, dated 03.11.2023 on merits and in accordance with law by taking into consideration the order of the third respondent, dated 30.05.2002 within a period of six weeks from the date of receipt of a copy of this order.

6. Accordingly, the writ petition stands disposed of. No costs. 11.11.2024 NCC:yes/no Index:yes/no Internet:yes/no SN 4/6

To:

1.The District Revenue Officer, Sivagangai District, Sivagangai.

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

3.The Tahsildar, Karaikudi Taluk, Sivagangai District.

4.The Revenue Inspector, Karaikudi Firka and Taluk, Sivagangai District.

5.The Village Administrative Officer, Iluppakudi Revenue Village, Karaikudi Taluk, Sivagangai District.

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N.MALA, J.

SN 11.11.2024 6/6