Banumathi v. The District Revenue Officer

ORDER Heard both sides.

2.The petitioner had purchased the petition mentioned property from one Muthulakshmi. The property originally belonged to one Maniyappa Konar. He had two daughters, namely, Rakayee and Muthulakshmi. The petitioner wants issuance of patta in her name.

3.The learned Additional Government Pleader rightly points out that civil suit is pending between Muthulakshmi and Rakayee in O.S.No. 375 of 2021 on the file of Sub Court, Melur. Therefore, it is not possible to issue separate patta in favour of the petitioner or even subdivision the property unless there is consensus among the legal heirs of Maniyappa Konar or the suit itself is adjudicated. But then, the petitioner is entitled to step into the shoes of the vendor. Admittedly the petitioner's vendor's name figured in the patta. Therefore, the petitioner will be entitled to joint patta along with other legal heirs of Maniyappa Konar. Such joint patta shall be issued by the second respondent. This shall be done as expeditiously as possible.

4.This writ petition is allowed on these terms. There shall be no order as to costs.

21.12.2023 NCC : Yes/No Index : Yes / No Internet : Yes/ No MGA To

1.The District Revenue Officer, Madurai District, Madurai.

2.The Tahsildar, Madurai North, Madurai District. Copy to: The Sub Court, Melur.

G.R.SWAMINATHAN, J. MGA

21.12.2023

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.12.2023 CORAM THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Banumathi ... Petitioner Vs. 1.The District Revenue Officer, Madurai District, Madurai. 2.The Tahsildar, Madurai North, Madurai 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 second respondent to sub divide the petitioner's land measuring an extent of 37 cents situated in S.No.13/10, Andaman Village, Madurai East Taluk, Othakadai Sub Registrar, Madurai District and to issue separate patta infavour of the petitioner by considering petitioner's online application in Can No.133241125870994 and Application No.2023/0105/24/563319 dated 22.11.2023. For Petitioner : M/s.R.Jenifar Bibin For Respondents : Mr.S.RA.Ramachandran Additional Government Pleader