R.Panchavarnam vs The Revenue Divisional Officer
2021 Latest Caselaw 20804 Mad

                                                                             W.P(MD)No.17733 of 2021


                        BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                             DATED : 08.10.2021

                                                    CORAM

                   THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY

                                           W.P(MD)No.17733 of 2021

                R.Panchavarnam                                           ... Petitioner
                                                       Vs.

                1.The Revenue Divisional Officer,
                  Aruppukottai,
                  Virudhunagar District.

                2.The Tahsildar,
                  Thiruchuli Taluk,
                  Virudhunagar District.

                3.The Surveyor,
                  Thiruchuli Taluk,
                  Virudhunagar District.

                4.The Village Administrative Office,
                  A.Mukulam,
                  Thiruchuli Taluk,
                  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 to
                issue patta in name of the petitioner to the property comprised in Survey
                No.279/30, situated Door No.1/29A, New No.2/87, Thiruvalarnallur Village,
                Thiruchuli Taluk, Virudhunagar District on the basis of the representation dated
                06.08.2021.
                                   For Petitioner      : Mr.R.Shenbagaraj
                                   For Respondents : Mr.P.Subbaraj,
https://www.mhc.tn.gov.in/judis/
                                                        Counsel for State.

                1/5
                                                                                  W.P(MD)No.17733 of 2021


                                                        ORDER

The petitioner seeks a direction for the issuance of a patta in

respect of the property bearing Survey No.279/30 situated at Door No.1/29A,

New No.2/87, Thiruvalarnallur Village, Thiruchuli Taluk, Virudhunagar

District.

2. The petitioner states that she purchased the above mentioned

property under a registered sale deed dated 05.06.2009. Thereafter, it is stated

that she was in peaceful possession and enjoyment of the said property.

However, one Pitchai, who is the father of the petitioner's vendor, instituted a

civil suit before the District Munsif Court, Aruppukottai in O.S.No.244 of

2009. According to the petitioner, the said suit was decided in the petitioner's

favour by judgment and decree dated 04.02.2020. On account of the pendency

of the said civil suit, it is stated that the patta was not mutated earlier in the

petitioner's favour.

3. On 06.08.2021, the petitioner made a representation for issuance

of a patta in his name in view of the fact that the above mentioned Pitchai did

not assail the judgment and decree dated 04.02.2020. The present Writ Petition

is filed because the Tahsildar failed to act on the request for patta.

https://www.mhc.tn.gov.in/judis/

W.P(MD)No.17733 of 2021

4. Mr.P.Subbaraj, learned counsel for the State, appears on behalf

of all the respondents. He draws reference to the communication dated

19.08.2021 from the Revenue Divisional Officer and points out that the

Tahsildar may be directed to consider and dispose of the petitioner's

representation.

5. The petitioner has enclosed a copy of the registered sale deed

dated 05.06.2009 and the judgment and decree in O.S.No.244 of 2009 dated

04.02.2020. However, the petitioner has not produced a copy of the patta in the

name of his predecessor in interest. This aspect should be examined by the

Tahsildar while considering the request of the petitioner for patta. Nonetheless,

in view of the fact that the jurisdictional Revenue Divisional Officer has

already directed the Tahsildar to conduct an inquiry, such inquiry should be

concluded expeditiously.

6. Subject to the above observations but without entering any

findings on the merits of the matter, the second respondent herein is directed to

consider the petitioner's representation dated 06.08.2021 and dispose of the

same by a reasoned order within a period of three (3) months from the date of

receipt of a copy of this order after providing a reasonable opportunity to the

petitioner and Pitchai.

https://www.mhc.tn.gov.in/judis/

W.P(MD)No.17733 of 2021

7. Accordingly, W.P.(MD).No.17733 of 2021 is disposed of on

these terms without any order as to costs.

                                                                                      08.10.2021
                Index              : Yes / No
                Internet           : Yes/ No
                tsg/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 Revenue Divisional Officer, Aruppukottai, Virudhunagar District.

2.The Tahsildar, Thiruchuli Taluk, Virudhunagar District.

3.The Surveyor, Thiruchuli Taluk, Virudhunagar District.

4.The Village Administrative Office, A.Mukulam, Thiruchuli Taluk, Virudhunagar District.

https://www.mhc.tn.gov.in/judis/

W.P(MD)No.17733 of 2021

SENTHILKUMAR RAMAMOORTHY, J.

tsg/LM

W.P(MD)No.17733 of 2021

08.10.2021

https://www.mhc.tn.gov.in/judis/