Madras High CourtWP/4996/2020dismissed

N.Sathiyanathan v. The State Of Tamil Nadu

2022-01-10Honourable Mr Justice G.K. Ilanthiraiyan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.01.2022

CORAM

THE HONOURABLE Mr. JUSTICE G.K.ILANTHIRAIYAN WP.No.4996 of 2020 N.Sathiyanathan ...

Petitioner Vs 1.The State of Tamilnadu, Rep. by its Secretary, Department of Land and Revenue, Fort St.George, Chennai 600 009 2.The Tahsildar, Omalur Taluk, Salem District 3.The Zonal Deputy Tahsildar, Omalur Taluk, Salem District ...

Respondents Prayer :- Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents 2 & 3 to consider the petitioner's e-Application sent to the second and third respondents seeking for issuance of separate patta vide CAN No.0330810108417 in e-Application No.2019/0105/08/128453 dated 16.12.2019.

For Petitioner : M/s.M.Ezhilarasi For Respondents : Mr.P.Baladhandayutham, Special Government Pleader

ORDER

This writ petition has been filed for direction directing the respondents 2 & 3 to consider the petitioner's e-Application sent to the second and third respondents seeking for issuance of separate patta vide CAN No.0330810108417 in e-Application No.2019/0105/08/128453 dated 16.12.2019.

https://hcservices.ecourts.gov.in/hcservices/

2. On instruction from the second respondent, Mr.P.Baladhandayutham, Special Government Pleader appearing for the respondents submitted that already the petitioner's application dated 16.12.2019 was enquired and rejected by order dated 23.12.2020 for the reason that the subject property under joint patta No.1034 stands in the name of twenty persons. Even till today, no partition has happened. Therefore, there is objection from one, Santhoshkumar S/o.Palanisamy for issuance of patta in favour of the petitioner.

3. Therefore, the writ petition is devoid of merits and liable to be dismissed. Accordingly, this writ petition is dismissed. However, the petitioner is at liberty to challenge the order dated 23.12.2020 in the manner known to law, if so advised. The second respondent is directed to serve the copy of the order dated 23.12.2020 to the petitioner within a period of two weeks from the date of receipt of copy of this order, if not already served. No order as to costs.

Sd/- Assistant Registrar(co) //True Copy// Sub Assistant Registrar lok To 1.The Secretary, State of Tamilnadu, Department of Land and Revenue, Fort St.George, Chennai 600 009 2.The Tahsildar, Omalur Taluk, Salem District 3.The Zonal Deputy Tahsildar, Omalur Taluk, Salem District +1 cc to Government Pleader Sr.NO. 2774 WP.No.4996 of 2020 RSI(CO) A.SK(02.02.2022) https://hcservices.ecourts.gov.in/hcservices/