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Madras High CourtWP/10473/2018disposed of

N.Pachaiyappan v. The Tahsildar

2018-04-25Honourable Mr Justice T.Raja2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.04.2018

CORAM

THE HONOURABLE MR. JUSTICE T.RAJA W.P.No.10473 of 2018 N.Pachaiyappan ... Petitioner Vs.

The Tahsildar, Gingee Taluk, Gingee - 604 202, Villupuram District.

... Respondent Writ Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus directing the respondent to consider the petitioner's representation dated 20.12.2017 and consequently direct the respondent to direct him to upload the patta in the name of the petitioner and other relevant revenue records.

For Petitioner : Dr.G.Krishnamurthy For Respondent : Mr.V.Jayaprakash Narayanan, Special Government Pleader

O R D E R

This Writ Petition has been filed seeking a direction to the respondent to consider the petitioner's representation dated 20.12.2017 and consequently direct the respondent to direct him to upload the patta in the name of the petitioner and other relevant revenue records.

2.The petitioner claims to be the owner of the agricultural land to an extent of 2.40 hectares under a registered Will dated 08.12.1990 executed by his father S.Narayanasamy, stating that the "A" Schedule of property viz., 2.40 hectares should be enjoyed by his first wife Lakshmi Ammal without any encumbrance and after her demise, the property shall devolve upon the petitioner.

3.The learned counsel also submitted that pursuant to the registered Will, the Tahsildar, Gingee has also issued a patta on 28.06.2006 in favour of the petitioner to the extent of 2.40 hectares land in Survey Nos.10/2, 117/2, 117/8A, 13/1B2, 13/1B4 & 3/1. Whileso, subsequently it was found that the petitioner's https://hcservices.ecourts.gov.in/hcservices/

name has been omitted and in that place, the name of the petitioner's mother has been shown. Immediately, the petitioner has given a representation on 20.12.2017 to carry out the correction and for issuance of fresh patta in favour of the petitioner in respect of the aforementioned Survey Numbers. Since the same has not been done, the present Writ Petition has been filed.

4.A perusal of the patta issued on 28.06.2006 by the Office of the Deputy Tahsildar, Gingee, clearly shows the name of the petitioner as owner of the land. But subsequently, in the patta issued on 22.03.2017, the name of the petitioner's mother has been mentioned.

5.The learned Special Government Pleader appearing for the respondent sought four weeks time to consider the petitioner's representation and pass orders on the same.

6.In view of the submission made by the learned Special Government Pleader, the respondent is directed to consider the petitioner's representation dated 20.12.2017 and pass orders, on merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order. 7.With this direction, the Writ Petition is disposed of. No costs.

Sd/- Asst.Registrar (CS II ) /true copy/ Sub Asst. Registrar va To The Tahsildar, Gingee Taluk, Gingee - 604 202, Villupuram District.

+1cc to Mr.Dr.G.Krishnamurthy, Advocate, sr.no.31363 +1cc to the Government Pleader, sr.no.31213 W.P.No.10473 of 2018 SG(CO) RRK(23/05/18) https://hcservices.ecourts.gov.in/hcservices/