Madras High Court
R.Munusamy @ Muralidharan vs The District Collector on 12 June, 2014
Author: R.Subbiah
Bench: R.Subbiah
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.06.2014 Coram THE HONOURABLE MR.JUSTICE R.SUBBIAH Writ Petition (MD) No.19661 of 2013 and M.P.(MD).No.2 of 2013 1.R.Munusamy @ Muralidharan 2.R.Gopi .. Petitioners Vs. 1.The District Collector, Trichy District, Trichy. 2. The Revenue Divisional Officer, Srirangam, Trichy District. 3. The Zonal Deputy Director, Land Survey Records Department, Trichy-1. 4.The Tasildhar, Land Settlement, Manappari, Trichy District. .. Respondents Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents to issue patta with respect to the property situate at Manapparai Town Ward No.D, Block No.16, Town Survey No.46 (Old Survey No.570/2) in favour of the petitioners as per the communication of the third respondent dated 07.01.2013 under the Patta Pass Book Act. !For Petitioner : Mr.A.S.Mujibur Rahman For Respondents:Mr.S.Satheeshkumar AGP :ORDER
The writ petition has been filed for a Mandamus directing the respondents to issue patta with respect to the property situate at Manapparai Town Ward No.D, Block No.16, Town Survey No.46 (Old Survey No.570/2) in favour of the petitioners as per the communication of the third respondent dated 07.01.2013 under the Patta Pass Book Act.
2. In the affidavit, the petitioner has stated that the petitioners are brothers and property situate at Manapparai, Ward No.D, Block No.16, comprised in Town Survey No.46 (Old Survey No.570/2 part), was originally belong to late Muthammal, by virtue of the order in O.S.No.163/1995 on the file of the District Munsif Court, Manapparai, dated 01.09.1995. The said Muthammal executed a Will in favour of the petitioners on 18.07.1996 and she is the paternal grand mother of the petitioners. The paternal grand mother died on 11.11.1997. The petitioners are in possession of the above said property and they are also paying property tax and electricity charges. The petitioners submitted a representation to the respondents to issue patta in their favour taking into consideration of the order in O.S.No.163 of 1995, dated 01.09.1995 and the order of the third respondent dated 07.01.2013. But, the said representation was not considered so far. Hence, the present writ petition has been filed.
3. When the matter is taken up consideration, the learned counsel for the petitioners submitted that the third respondent, the Zonal Deputy Director, Land Survey Records Department, Trichy has already made recommendations to the fourth respondent to issue a patta. But, till date both the respondents have not passed any order.
4. In view of the submissions made by the learned counsel for the petitioners, the fourth respondent is directed to pass orders based on the recommendations of the third respondent dated 07.01.2013, with regard to issuance of patta to the petitioners, within a period of eight weeks from the date of receipt of a copy of this order, by affording opportunities to all the necessary parties. The writ petition is disposed of with the above direction. No costs. Consequently, the connected miscellaneous petition is closed.
To
1.The District Collector, Trichy District, Trichy.
2. The Revenue Divisional Officer, Srirangam, Trichy District.
3. The Zonal Deputy Director, Land Survey Records Department, Trichy-1.
4.The Tasildhar, Land Settlement, Manappari, Trichy District.