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Madras High CourtWP/3875/2024disposed of

Selvarasu v. The Tasildhar

2024-02-20Honourable Mr Justice P. Velmurugan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.02.2024

CORAM

THE HONOURABLE MR.JUSTICE P.VELMURUGAN Selvarasu ... Petitioner versus 1.The Tahsildar, Kunnam Taluk, Perambalur District.

2.The Village Administrative Officer, Periyavenmani (West), Kunnam Taluk, Perambalur District.

.....Respondents Writ Petition filed under Article 226 of Constitution of India, praying to issue a Writ of Mandamus, directing the first respondent to include the petitioner's name in the Patta No.2051 of Kunnam Taluk in Perambalur District as per Settlement Deed dated 27.04.2023 in Doc.No.1424 of 2023, registered on the file of the Sub Registrar, Kolakkanatham for S.F.No.140/6C and 21/4F in Periyavenmani Village (W) in Kunnam Taluk of Perambalur District by considering the petitioner's application dated 05.10.2023.

For Petitioner :

Mr.N.Ponraj Pg.Nos.1/5

For Respondents :

Mr.T.Arun Kumar Additional Government Pleader

O R D E R

Mr.T.Arun Kumar, learned Additional Government Pleader accepts notice for the respondents. With the consent of both the parties, this writ petition is taken up for final disposal at the admission stage itself.

2. This writ petition has been filed seeking for issuance of a writ of mandamus, directing the first respondent to include the petitioner's name in the Patta No.2051 of Kunnam Taluk in Perambalur District as per Settlement Deed dated 27.04.2023 in Doc.No.1424 of 2023, registered on the file of the Sub Registrar, Kolakkanatham for S.F.No.140/6C and 21/4F in Periyavenmani Village (W) in Kunnam Taluk of Perambalur District, by considering the petitioner's application dated 05.10.2023.

3. According to the petitioner, his father, who is the original owner of the subject property has executed a settlement deed in favour of the petitioner on 27.04.2023 vide Doc.No.1424 of 2023, on the file of the Sub Pg.Nos.2/5

Registrar, Kolakkanatham. While so, the petitioner has given an application to the first respondent on 05.10.2023, seeking to include his name in Patta No.2051 for S.F.No.140/6C and 21/4F in Periyavenmani Village (W) in Kunnam Taluk of Perambalur District. Since there was no response from the first respondent till date, the present writ petition has been filed.

4. Since this writ petition is filed for Mandamus simplicitor, to direct the first respondent to consider the application of the petitioner, this Court, without expressing any view or opinion with regard to the merits of the case, directs the first respondent to consider the application of the petitioner dated 05.10.2023, after giving due opportunity of hearing to the petitioner as well as rival claimants/interested parties/objectors if any and pass appropriate orders on merits and in accordance with law, within the stipulated time as stated in Circular No.R1/2005632/2022, dated 17.07.2023 issued by the Commissioner of Land Administration. Pg.Nos.3/5

5. With the above directions, this Writ Petition is disposed of. There shall be no order as to costs.

20.02.2024 Index: Yes/No Speaking Order : Yes/No ms To 1.The Tahsildar, Kunnam Taluk, Perambalur District.

2.The Village Administrative Officer, Periyavenmani (West), Kunnam Taluk, Perambalur District.

Pg.Nos.4/5

P.VELMURUGAN, J.

ms 20.02.2024 Pg.Nos.5/5