K.Gandhi v. The Tashildar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATE: 10.04.2015

CORAM

THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN W.P.No.10485 of 2015 K.Gandhi .. Petitioner

Versus

1. The Tahsildar Tahsildar Office, Sengam Taluk, Thiruvannamalai District.

2. P.Senthil Kumar .. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, seeking for a writ of mandamus, directing the 1st respondent to consider the petitioner's representation dated 3.12.2014 followed by representation dated 22.12.2014 and consequently, direct the 1st respondent to take appropriate steps to delete the name of the 2nd respondent in the patta No.166 dated 21.11.2014 in respect of the petitioner's property measuring an extent of 36 cents comprised in S.No.59/4A situated at Munnurmangalam, Chengam Taluk, Thiruvannamalai. For Petitioner : DR.R.Gouri For Respondents : Mr.S.Pattabiraman (for R1) Government Advocate

O R D E R

By consent, the main writ petition itself is taken up for final disposal.

2. The petitioner claims that his father is the owner of the property admeasuring to an extent of 52 cents comprised in S.No.59/4A situated at Munnurmangalam, Sengam Taluk, Thiruvannamalai District and after his demise, it has fallen to his share and ever since, he is in possession and enjoyment of the property. The 1st respondent, Tahsildar, Sengam Taluk, Thiruvannamal District, has also given a patta in respect of the property admeasuring to an extent of 52 cents in the said survey number. The petitioner made an application for getting the agricultural loan and for that purpose, applied for the copy of the patta and to his shock and surprise, he came to know that in addition to his name, the patta contained the name of the 2nd https://hcservices.ecourts.gov.in/hcservices/

respondent also and to delete the name of the 2nd respondent, he submitted an application/representation dated 03.12.2014, which was followed by a reminder dated 22.12.2014 and since, no action has been taken, came forward to file this writ petition.

3. Heard the submissions of Dr.R.Gouri, learned counsel appearing for the petitioner and Mr.S.Pattabiraman, learned Government Advocate, who accepts notice for the 1st respondent.

4. Taking into consideration the limited scope of the prayer sought for by the petitioner and without going into the merits of the petitioner's application/representation dated 03.12.2014 and the reminder dated 22.12.2014, directs the 1st respondent to consider the same on merits and in accordance with law after putting the 2nd respondent on notice and pass orders, as expeditiously as possible and not later than eight weeks from the date of receipt of a copy of this order.

5. The writ petition is disposed of, accordingly. No costs. ars s/d- Assistant Registrar( V ) True Copy Sub-Assistant Registrar To The Tahsildar Tahsildar Office, Sengam Taluk, Thiruvannamalai District.

+ 1 cc to M/s.Dr.R.Gouri, Advocate SR 20211 + 1 cc to the Govt.Pleader High Court Madrs 20269 br(co) prk23/4 W.P.No.10485 of 2015 https://hcservices.ecourts.gov.in/hcservices/