2016 Supreme(Mad) 2539
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
M. VENUGOPAL, J.
S. Suganthi - Petitioner
Vs.
The Tahsildar, Taluk Office, Thirumangalam Taluk, Madurai District. - Respondent
W.P. (MD) No.14222 of 2016
Decided On : 08-08-2016
For the Appellant : M/s. T. Selvan
For the Respondent:Mr. J. Gunaseealan Muthiah Govt. Advocate
The Court has the authority to direct the Respondent to consider and dispose of the Petitioner's representation for joint patta within specified time frames and in adherence to the principles of natural justice.
Headnote:
Writ Petition - Joint Patta - Court directs Respondent to consider and dispose of the Petitioner's representation for joint patta within a specified time frame
Fact of the Case:
The Petitioner sought joint patta for certain lands which originally belonged to her father. Despite making representations to the authorities, no action was taken. The Petitioner filed a Writ Petition seeking relief.
Finding of the Court:
The Court, in the interest of justice, directed the Respondent to consider the Petitioner's representation for joint patta within a week and dispose of the same within three weeks thereafter, while ensuring adherence to the principles of natural justice.
Issues: Failure of the Respondent to take action on the Petitioner's representations for joint patta.
Ratio Decidendi: The Court's decision was influenced by the principles of justice, equity, fair play, and good conscience, directing the Respondent to consider and dispose of the Petitioner's representation within specified time frames and in adherence to the principles of natural justice.
Final Decision: The Writ Petition was disposed of with the aforementioned directions to the Respondent.
Heard both sides.
2. By consent of both sides, the main Writ Petition itself is taken up for final disposal.
3. No counter is filed on behalf of the Respondent
4. According to the Petitioner, the Punja and nanja lands in S.No.103/1F5 ad-measuring 0.09.0 Ares, S.No.20/3E ad-measuring 0.04.5 Ares, S.No.22/3C, ad-measuring 0.14.0 Ares, S.No.6/7, ad-measuring 0.06.0 Ares, S.No.97/1, ad-measuring o.26.0 Ares, S.No.97/2, ad-measuring 0.24.5 Ares in patta No.60 and S.No.21/1B ad-measuring 0.09.5 Ares. S.No.21/11D ad-measuring 0.09.5 Ares, S.No.36/13A ad-measuring 0.01.0 Ares, S.No.36/13C ad-measuring 0.01.0 Ares, S.No.36/16 ad-measuring 0.03.0 Ares situated at Kangeyanatham Village, Thirumangalam Taluk, Madurai District originally belonged to her father Kannusamy. Her father had already expired. His father died on 23.10.2013 leaving behind the Petitioner, her brother Thonthiraj, his son Baskaran, wife Rukkumani, the Petitioner's father's second wife Ramayee and her daughter Chinna Ayyammal @ Ayyammal. The said Thondhiraj, his son Baskaran and wife Rukkumani had died without no issues. The Petitioner's second wife also died leaving behind her only daughter Chinna Ayyammal @ Ayyammal. After the death, she and her sister Chinna Ayyammal @ Ayyammal are in possession and enjoyment of the said lands and paying the kist for the said lands to the Government.
5. The grievance of the Petitioner is that he approached the respondent time and again to grant joint patta for the above said property in their names for the aforesaid survey numbers. Further, she gave a representation to the District Collector, Madurai, the Respondent herein/The Tahsildar, Taluk Office, Thirumangalam Taluk, Madurai District and the Village Administrative Officer, Kangeyanatham Village on 19.1.2016 seeking issuance of joint patta in their names for the above said survey numbers. But no action has been taken and finally, she gave another representation dated 20.06.2016 seeking issuance of joint patta for the above said survey numbers. Since the Respondent has not taken any steps, the Petitioner has filed this Writ Petition before this Court, for the relief stated supra.
6. Considering the fact that the Petitioner's representation, dated 20.6.2016 is pending on the file of the Respondent, without any progress or disposal as on date, at this stage, this Court, in the interest of justice, Equity, Fair Play, Good Conscience and even as a matter of prudence, directs the Respondent/The Tahsildar, Taluk Office, Thirumangalam Taluk, Madurai District to look into the representation of the Petitioner, dated 20.6.2016 within a period of one week from the date of receipt of a copy of this order and thereafter, to dispose of the same by passing a reasoned speaking order, on merits (of course after providing necessary opportunity to the Petitioner and others concerned, if any, by adhering to the principles of natural justice in true letter and spirit) within a period of three weeks thereafter. It is open to the Petitioner to produce copies of all necessary/relevant documents before the Respondent and the Respondent in turn, shall take into consideration of the same at the time of disposal of the representation of the Petitioner, dated 20.6.2016. The Petitioner is directed to lend her assistance and co-operation in this regard, to the Respondent, in disposing of her representation, dated 20.6.2016 within the time determined by this Court.
7. With the aforesaid observations and directions, the Writ Petition stands disposed of.
No costs.