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Madras High CourtWP/4068/2024disposed of

Chinnammal v. The Tahsildar

2024-02-21Honourable Mr Justice P. Velmurugan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.02.2024

CORAM

THE HON'BLE MR. JUSTICE P.VELMURUGAN Chinnammal ... Petitioner Vs.

1. The Tahsildar, Tiruchengode.

2. The Settlement Officer, Office of the Director of Settlement and Survey, Chepauk, Chennai 600 005.

3. Town Settlement Special Tahsildar, Tiruchengode.

...

Respondents PRAYER:

Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to consider the petitioner's representation dated 15.07.2023 relating to issue of patta pertaining to properties bearing S.No.48/4, of an extent of 41 1⁄2 cents or

38 1⁄2 cents of No.48 Kailasampalayam Village covered under patta Nos.170 and 171 issued by the 1st respondent along with S.No.49 of an extent of 4.62 (2.31 cents) S.No.48/1 of an extent of 0.55 cents issued in favour of Kuppanna Gounder S/o.Arthanari Goundar and as such in total 36 1/2 cents.

For Petitioner : Mr.G.Jermiah For Respondents : Mr.T.Arunkumar Additional Government Pleader

O R D E R

This Writ Petition has been filed to issue a Writ of Mandamus, directing the respondents to consider the petitioner's representation dated 15.07.2023 relating to issue of patta pertaining to properties bearing S.No.48/4, of an extent of 41 1⁄2 cents or 38 1⁄2 cents of No.48 Kailasampalayam Village covered under patta Nos.170 and 171 issued by the first respondent along with S.No.49 of an extent of 4.62 (2.31 cents) S.No.48/1 of an extent of 0.55 cents issued in favour of Kuppanna Gounder S/o.Arthanari Goundar and as such in total 36 1/2 cents.

2. Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing for the respondents and perused the materials available on record.

3. 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 respondents to consider the petitioner's representation dated 15.07.2023, if the petitioner is otherwise eligible and after issuing notice to the petitioner, adjacent land owners of the four boundaries of the subject property/interested parties/rival claimants/objectors if any, as the case may be, and conduct enquiry in the manner known to law and pass orders on merits and in accordance with law. The said exercise shall be completed within a period of three months from the date of receipt of a copy of this order.

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

21.02.2024 mfa Index:Yes/No Speaking Order: Yes/No To

1. The Tahsildar, Tiruchengode.

2. The Settlement Officer, Office of the Director of Settlement and Survey, Chepauk, Chennai 600 005.

3. Town Settlement Special Tahsildar, Tiruchengode.

P.VELMURUGAN, J.

mfa 21.02.2024