P r a y e r : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the respondent to grant separate patta in Survey Nos.314/2A, 314/4B1A, of Aliyanilai Village, Aranthangi Taluk and as per the family arrangement Muchalika dated 04.02.2009 by considering the Petitioners representation dated 6.8.2018 within the time stipulated by this Court.
For Petitioners :Mr.K.Balasubdharam For Respondent :Mr.S.Dhayalan Government Advocate O RD E R The Petitioners have come forward with this Writ Petition seeking issuance of a Writ of Mandamus directing the respondent to grant separate patta in Survey Nos. 314/2A, 314/4B1A, of Aliyanilai Village, Aranthangi Taluk and as per the family arrangement Muchalika dated 04.02.2009 by considering the Petitioner's http://www.judis.nic.in 2 representation dated 6.8.2018 within the time stipulated by this Court.
2.Heard the learned counsel appearing on either side and perused the materials placed before this Court.
3.The Petitioner submits that the above said property belongs to one Ramanathan Chettiyar of Kandanur Town, Sivagangai District and he executed a registered sale deed, dated 27.09.2004 in favour of Petitioner's father Karuppaiah and his mother Therasha. At the time of marriage and other ceremonies, it is the habit of the family members concerned to bequeath properties in favour of their children and accordingly considerable amount of money and valuables were gifted to the Petitioners and the above said money was utilized for purchase of property in the year 2004. Further, the first Petitioner got married in the year 1996 and her younger sister/second Petitioner got married in the year 1996 and immovables were given to them as sridhana, in addition to movables. Accordingly the properties purchased by their parents were divided into two halves and the western portion was allotted to the first Petitioner and the eastern portion was allotted to the second petitioner and till date, they are enjoying the same as their absolute property. The said family arrangement was confirmed by way of Muchalika executed on 4.2.2009 confirming the Sridhana and also the separate possession of immovable properties. Hence for issuance of separate patta, the Petitioners have submitted a representation in the year 2009 Since no action was taken, the Petitioners have sent another representation on http://www.judis.nic.in 3 6.8.2018 by registered post requesting for issuance of separate patta for their respective lands. Since the said representation was also not considered by the authorities concerned, the Petitioners have come forward with the present Writ Petition for the relief stated supra.
4.The learned Government Advocate appearing for the respondent would submit that the respondent is denying to issue separate patta to the Petitioners, since the Muchalika said to have been executed on 4.2.2009, confirming the family arrangement is an unregistered one.
5.The learned counsel for the Petitioners submitted that the Petitioners' parents are alive and hence two options are open to the Petitioners to resolve this issue. One is to obtain a registered settlement deed from their parents in respect of their share in the above said property and another one is to register the Muchalika said to have been executed in favour of the Petitioners on 4.2.2009, since the learned Government Advocate appearing for the respondent state that the document/Muchalika submitted by the Petitioners before the respondent is an unregistered one, the respondents are not ready to accept the same.
6.Hence it is for the Petitioners to resolve their issue by any of the above two options and if the Petitioners approach the authorities concerned with necessary and proper documents, after registration of the same, the authorities concerned are http://www.judis.nic.in 4 directed to consider the case of the Petitioners' for issuance of separate patta in respect of the subject-matter property in accordance with law, after affording an opportunity of hearing to the Petitioners and other interested parties, if any, within a period of 12 weeks from the date of receipt of a copy of this order.
7.With the above observations and directions, the Writ Petition stands disposed of. No costs.
1 1.1 2.2 0 1 8 Index : Yes/No Internet:Yes/No vsn To The Tahsildar, Aranthangi Taluk, Pudukkottai District.
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