Madras High CourtWP/1762/2024disposed of

T.Valli v. The Tahsildar

2024-02-27Honourable Mr Justice P. Velmurugan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.02.2024

CORAM

THE HON'BLE MR. JUSTICE P.VELMURUGAN T.Valli ... Petitioner Vs.

1. The Tahsildar, O/o. The Tahsildar Office, Chithambaram, Cuddalore District.

2. T.Venkatesan ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 1st respondent to consider the petitioner's application dated 17.10.2023 under Section 10 of the Tamil Nadu Patta Passbook Act 1983 and to cancel the patta in Survey No. 10/2 issued by the first respondent in favour of the second respondent.

For Petitioner : Mr.M.N.Kathir For R1 : Mr.T.Arunkumar Additional Government Pleader For R2 : Mr.A.Muthukumar

O R D E R

This Writ Petition has been filed to issue a Writ of Mandamus, directing the 1st respondent to consider the petitioner's application dated 17.10.2023 under Section 10 of the Tamil Nadu Patta Passbook Act 1983 and to cancel the patta in survey No. 10/2 issued by the 1st respondent in favour of the 2nd respondent.

2. Heard the learned counsel appearing for the petitioner, the learned counsel for the private respondent and the learned Additional Government Pleader appearing for the official respondent and perused the materials available on record.

3. Since there is no adverse order passed against the private respondent/second respondent, notice to the second respondent is dispensed with.

4. Having regard to the submissions made by the learned counsel on either side and taking into consideration the limited prayer sought for by the petitioner, without expressing any opinion with regard to the merits of the case, this Court directs the first respondent to consider the petitioner's representation dated 17.10.2023 and conduct enquiry and in the manner known to law after issuing notice to the petitioner, the second respondent, adjacent land owners of four boundaries of the subject property and interested parties/rival claimants/aggrieved parties if any, as the case may be, and pass orders on merits and in accordance with law. The said exercise shall be completed within a period as stipulated in the Circular No. R1/2005632/2022 dated 17.07.2023 issued by the Commissioner of Land Administration.

5. With the abovesaid direction, the Writ Petition is disposed of. There shall be no order as to costs.

27.02.2024 mfa Index:Yes/No Speaking Order: Yes/No

To The Tahsildar, O/o. The Tahsildar Office, Chithambaram, Cuddalore District.

P.VELMURUGAN, J.

mfa 27.02.2024