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Madras High CourtWP/5435/2019disposed of

D.I.Fayaz Khan v. The Tasildar

2019-02-27Honourable Mr Justice K. Ravichandrabaabu2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27.02.2019

CORAM

THE HON'BLE MR. JUSTICE K.RAVICHANDRABAABU W.P.No.5435 of 2019 D.I.Fayaz Khan ... Petitioner Vs.

1.The Tahsildar Denkanikottah Krishnagiri District.

2.The District Collector Krishnagiri District.

... Respondents Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the 1st respondent herein to issue patta to the petitioner as per the patta Passbook Act as per Section 3, application shown the name of the petitioner as the owner of S.No.189 punja land measuring 3.46 acres and in S.No.123 measuring 1.65 acres Nanja land in Thandarai Village, Denkanikotta Taluk, Krishnagiri District, by passing orders in the petitioner's application dated 19.12.2018 along with prescribed form under the Tamil Nadu Patta Pass Book Act.

For Petitioner :

Mr.M.Kalyana Sundaram Senior Counsel For Mr.S.Ponjeganathan For Respondents :

Mr.E.Balamurugan Special Government Pleader

O R D E R

Mr.E.Balamurugan, learned Special Government Pleader takes notice for the respondents. By consent of the parties, the main writ petition is taken up for final disposal at the admission stage itself.

2. Heard both sides.

3. The petitioner seeks for a mandamus directing the first respondent to issue patta to the petitioner in respect of the property in S.No.189 punja, land measuring an extent of 3.46 https://hcservices.ecourts.gov.in/hcservices/

acres and in S.No.123 measuring an extent of 1.65 acres Nanja land in Thandarai Village, Denkanikottai Taluk, Krishnagiri District, based on his representation dated 19.12.2018.

4. The grievance of the petitioner before this Court is that the said representation has not been considered by the first respondent so far.

5. This Court, at this stage, is not expressing any view on the merits of the claim made by the petitioner, as it is for the first respondent to consider and decide the same on merits and in accordance with law. Accordingly, this writ petition is disposed of, only by directing the first respondent to consider the representation dated 19.12.2018 and pass orders on the same on merits and in accordance with law, after hearing the petitioner and other interested parties, if any. Such exercise shall be done by the first respondent within a period of eight weeks from the date of receipt of a copy of this order. No costs.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar mk To 1.The Tahsildar, Denkanikottah,Krishnagiri District.

2.The District Collector, Krishnagiri District. +1 cc to Mr.S.Ponjeganathan, Advocate Sr.No.17934 +1 cc to The Government Pleader, Sr.No.18939 W.P.No.5435 of 2019 SV(CO) CSL/27.03.2019 https://hcservices.ecourts.gov.in/hcservices/