Disposed

P.v.a.Nachiar v. The District Collector

Madras HC20 Jan 2023WP/1216/2023

Case brief

AI extract

What is this about?

Petitioner challenged issuance of patta to 4th respondent without notice, claiming inheritance right. Court directed 2nd respondent to issue notice to both parties before deciding the application on merits.

What did the court decide?

Directed 2nd respondent to issue notice to petitioner and 4th respondent before deciding the representation dated 27.10.2021 and pass orders within eight weeks.

P.v.a.Nachiar Vs The District Collector — Landlord and Tenant | Madras HC (2023)

¶1

W.P.No.1216 of 2023

¶2

IN THE HIGH COURT OF JUDICATURE AT MADRAS

¶3

DATED : 20.01.2023

¶4

CORAM :

¶5

THE HONOURABLE MR.JUSTICE R.SURESH KUMAR

¶6

Writ Petition No.1216 of 2023

¶7

P.V.A.Nachiar …. Petitioner -Vs1.The District Collector Tiruppur District. 2.The Zonal Deputy Tahsildar Kangayam (05) Taluk Tiruppur District. 3.The Village Administrative Officer Kangeyam Taluk Tiruppur District Pin – 638 701.

¶8

Mr.K.V.K.Muralikrishna

¶9

…. Respondents

¶10

Prayer : Writ Petition under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the 2nd Respondent- Zonal Deputy Tahsildhar to pass orders on petitioners application dated 27.10.2021 by issuing Joint Patta including the petitioners name along with the 4th respondent in respect of the immovable property comprised in S.No.1473 1474 and 1469 measuring an extent of 2 acres and 58 cents situate at Bharathiyar Road kangayam- 638 701 Tirupur District.

¶11

1 / 6

¶12

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

¶13

W.P.No.1216 of 2023

¶14

For Petitioner : Mr.S.Giridharan For Respondents : Mr.Yogesh Kannadasan Special Government Pleader – for RR 1 & 2 Notice dispensed with – for R3

¶15

O R D E R

¶16

The prayer sought for herein is for a Writ of Mandamus directing the 2nd Respondent- Zonal Deputy Tahsildhar to pass orders on petitioners application dated 27.10.2021 by issuing Joint Patta including the petitioners name along with the 4th respondent in respect of the immovable property comprised in S.No.1473 1474 and 1469 measuring an extent of 2 acres and 58 cents situate at Bharathiyar Road kangayam- 638 701 Tirupur District.

¶17

In respect of the property in S.No.1473 1474 and 1469 measuring an extent of 2 acres and 58 cents situated at Bharathiyar Road kangayam- 638 701 Tirupur District, it is the claim of the petitioner that the property belongs to the petitioner, the 4th respondent/his brother and their mother. Their mother died intestate and the 1/3rd share of the mother also has come to the petitioner and the 4th respondent/his brother.

¶18

2 / 6

¶19

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

¶20

W.P.No.1216 of 2023

¶21

When that being the position, the petitioner came to know recently that patta has been issued recently in respect of the entire property in favour of the 4th respondent without giving any notice to the petitioner. Therefore, he has given a representation dated 27.10.2021 and since the same has not been considered, the petitioner has come before this Court seeking for a writ of mandamus.

¶22

Heard Mr.S.Giridharan learned counsel for the petitioner and Mr.Yogesh Kannadasan learned Special Government Pleader for the respondents 1 to 3. In view of the order going to be passed in this writ petition, notice to the 4th respondent is dispensed with,.

¶23

Learned Special Government Pleader would submit that, if at all any patta has been issued in the name of the 4th respondent exclusively without hearing the petitioner, with regard to the claim that he is entitled to have 1/2 share of the property and therefore joint patta has to be issued, notice would be given to the petitioner as well as the 4th respondent and after enquiry if rectification is required, necessary orders to that effect would be passed by the 2nd respondent Tahsildar.

¶24

3 / 6

¶25

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

¶26

W.P.No.1216 of 2023

¶27

Considering the said submission made by the learned Government

¶28

Pleader for the official respondents and having regard to the factual matrix of the case as projected by the learned counsel for the petitioner, this Court is inclined to dispose of this writ petition with the following order.

¶29

“That there shall be a direction to the 2nd respondent to issue notice to the petitioner as well as the 4th respondent before consideration of the application or representation submitted by the petitioner dated 27.10.2023 and accordingly after hearing them take a decision and pass orders thereon on merits and in accordance with law within a period of eight weeks.”

¶30

With the above directions, this writ petition is disposed of. No costs.

¶31

20.01.2023

¶32

Index : Yes/No Neutral Citation : Yes/No Speaking Order / Non-speaking order KST

¶33

¶34

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

¶35

4 / 6

¶36

W.P.No.1216 of 2023

¶37

1.The District Collector Tiruppur District.

¶38

2.The Zonal Deputy Tahsildar Kangayam (05) Taluk Tiruppur District.

¶39

3.The Village Administrative Officer Kangeyam Taluk Tiruppur District Pin – 638 701.

¶40

5 / 6

¶41

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

¶42

W.P.No.1216 of 2023

¶43

R. SURESH KUMAR, J.

¶44

KST

¶45

W.P.No. 1216 of 2023

¶46

20.01.2023

¶47

6 / 6

¶48

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

P.v.a.Nachiar v. The District Collector

Case brief

What is this about?

What did the court decide?

P.v.a.Nachiar v. The District Collector

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

R.Ravi Vs The Tahsildar

M.Chandra Vs Inspector General of Registration

Madhumathi Vs The Revenue Divisional Officer

Abaranji Vs The District Revenue Officer

U.Yousuf Khan Vs Deputy Inspector General of Registration

N.Sivakumar Vs The Sub Registrar