ORDER

This writ petition is filed seeking for issuance of a Writ of Mandamus to direct the respondents to issue the appropriate Revenue Patta in the name of the petitioner in respect to the land bearing Old Survey No.220/1 corresponding to R.S.No.220/5 to an extent of 60 cents out of 1 Acre and 30 Cents in Narasingam Village, presently, Madurai East Taluk, Madurai District on the basis of the proceedings, dated 23.02.1962 passed in R.P. 11-2MI-62 on the file of the Settlement Officer Party - II Madurai by considering the application dated 14.06.2020 made to the first respondent within the stipulated time.

2. Heard the learned counsel for the petitioner and the learned Special Government Pleader appearing for the respondents.

3. According to the petitioner, the subject matter lands originally belonged to one C.A.Subramania Iyer. From him, his grandfather Ramasamy Josier purchased the same vide registered sale deed dated 23.01.1918. After his demise, the petitioner's father was in absolute possession and enjoyment of the same. In fact, there was a revenue patta dated 09.06.1941 standing in the name of the original vendor C.A.Subramania Iyer and also the lands were subjected to the partition amongst the family members, under the partition deeds dated 30.03.1942 and 17.06.1946. The said land was covered under the proceedings of the Reforms Legislation and in respect to the same, there had been a dispute with one A.R.M.Nagendra Iyer, whose name, had been entered, as a joint holder, along with the name of the petitioner's father, R.S.Seshalyer. Ultimately, the same came to an end, in the enquiry conducted by the settlement officer, dealing with the power to issue the Ryotwari Patta while considering the Review Petition, when he directed to issue the Ryotwari Patta in the name of the petitioner's father in respect of a land to an extent of 60 cents by his proceedings in R.P.11-2MI-62 dated 23.02.1962. The further orders issuing Ryotwari patta had not been issued by the appropriate authorities. Consequently, there is no revenue patta issued by the respondents for the reason that the title to the said disputed property is fully covered by the ancient registered documents. However, the possession of the said property by the petitioner's father was in peaceful and continuous possession and after his life time, his legal heirs were in enjoyment of the same. However, a dispute arose with the same branch of the said Nagendra Iyer, who claimed the said right earlier, but in the form of one Appiah Nagendra Iyer Anna Samarathanai Nagar Poojai Kattalai attached to Arulmighu Kalamega Perumal Koil, and another by name, S.Martin. A suit in O.S.No.400 of 1996 has been filed before the District Munsif of Madurai Taluk for possession by the petitioner. The said suit came to be dismissed by a Judgment dated 30.01.2014. As against which, the petitioner preferred an appeal in A.S.No.23 of 2016, on the file of II Additional Subordinate Judge, Madurai. However, the said appeal was dismissed for default, since the counsel on record died pending appeal and new counsel has not conducted the case effectively. The application to set aside the order of default and to restore the appeal is yet to be numbered by the learned Second Additional Subordinate Judge, Madurai. In the absence of the revenue patta or ryotwari patta, the trial Court hesitated to decree the suit. In the above said circumstances, as early as on 28.02.2020, the petitioner has filed an application before the first respondent for the grant of the revenue patta. However, the first respondent was not inclined to grant it on the ground that the relevant documents were not available in his office, and the same was informed to him by the proceedings dated 31.03.2020. Hence, he applied to the Revenue Divisional Officer, Madurai, by letters dated 23.06.2020 and 13.07.2020. In the meantime, the application made by the petitioner to the first respondent on 14.06.2020 was responded by the first respondent