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Madras High CourtWP/4328/2024disposed of

S.Balachandran v. The Tahsildar

2024-02-22Honourable Mr Justice P. Velmurugan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.02.2024

CORAM

THE HONOURABLE MR.JUSTICE P.VELMURUGAN W.P.Nos.4328 and 4334 of 2024 S.Balachandran ... Petitioner in W.P.No.4328 of 2024 S.Jaganathan ... Petitioner in W.P.No.4334 of 2024 versus The Tahsildar, Sulur Taluk, Coimbatore - 641 402.

... Respondent in both W.Ps.

Writ Petitions filed under Article 226 of Constitution of India, praying to issue a Writ of Mandamus, directing the respondent to grant sub division of Patta and transfer of Patta in favour of the petitioners, which was situated at S.No.489, Karumpathampatti Village, Sulur Taluk, Coimbatore District with the extent of 4 Hec and 21.50 Ares and demarcate the same. Page Nos.1/5

For Petitioners :

Mr.P.Saravanan in both W.Ps.

For Respondent :

Mr.T.Arun Kumar Additional Government Pleader in both W.Ps C O M M O N O R D E R Mr.T.Arun Kumar, learned Additional Government Pleader accepts notice for the respondent. With the consent of both the parties, these Writ Petitions are taken up for final disposal at the admission stage itself.

2. These writ petitions have been filed seeking for issuance of a writ of mandamus, to direct the respondent to sub-divide and transfer Patta in favour of the petitioners, in respect of the property situated at S.No.489, Karumpathampatti Village, Sulur Taluk, Coimbatore District, measuring an extent of 4 Hec and 21.50 Ares and demarcate the same.

3. The main grievance of the petitioners is that even though they have Page Nos.2/5

given a representation on 14.08.2023, the respondent has not considered the same till date. Hence, the present writ petition has been filed.

4. The learned Additional Government Pleader appearing for the respondent submitted that the petitioners' representation would be considered on merits and in accordance with law.

5. Heard the learned counsel for the petitioners and the learned Additional Government Pleader appearing for the respondent and perused the materials available on record.

6. Since this writ petition is filed for Mandamus simpliciter, to direct the respondent to consider the representation, this Court, without expressing any view or opinion with regard to the merits of the case, directs the respondent to consider the representation of the petitioners dated 14.08.2023 Page Nos.3/5

and pass appropriate orders on merits and in accordance with law, after giving due opportunity of hearing to the petitioner as well as rival claimants/interested parties/objectors if any, as the case may be, within a period of three months from the date of receipt of a copy of this order.

7. With the above directions, these Writ Petitions are disposed of. There shall be no order as to costs.

22.02.2024 Index: Yes/No Speaking Order : Yes/No ms To The Tahsildar, Sulur Taluk, Coimbatore - 641 402.

Page Nos.4/5

P.VELMURUGAN, J.

ms 22.02.2024 Page Nos.5/5