Khadar Basha v. The Tahsildar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.03.2023 CORAM :

THE HONOURABLE MR.JUSTICE R.SURESH KUMAR Writ Petition No.6398 of 2023 Khadar Basha ....

Petitioner -VsThe Tahsildar Denkanikottai Taluk Krishnagiri District.

....

Respondents Prayer : Writ Petition under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the respondent herein to consider the representation of the petitioner dated 02.01.2023 sent for issuing joint patta in respect of the lands measuring an extent of 2.20 acres in S.F.No.275/3 situated at Andevanapalli Village, Denkanikottai Taluk, Krishnagiri District within a stipulated period.

For Petitioner : Mr.K.Govi Ganesan For Respondents : Mr.P.Sathish Additional Government Pleader

O R D E R

The prayer sought for herein is for a Writ of Mandamus directing the respondent herein to consider the representation of the petitioner dated 02.01.2023 sent for issuing joint patta in respect of the lands measuring an 1 / 4

extent of 2.20 acres in S.F.No.275/3 situated at Andevanapalli Village, Denkanikottai Taluk, Krishnagiri District within a stipulated period.

2. In respect of the property measuring an extent of 2.20 acres in S.F.No.275/3 situated at Andevanapalli Village, Denkanikottai Taluk, Krishnagiri District, it is the claim of the petitioner that the property belongs to one Muni Kamalakka @ Gulsumiamma, the grandmother of the petitioner and others by a Deed No.1818/1963 and the said grandmother since is no more, the legal heirs as per the legal heirship certificate issued by the Tahsildar dated 18.12.2021 including the petitioner, are entilted to inherit the property. Therefore, in their name the petitioner sought for joint patta for which the petitioner has given a representation on 02.01.2023 to the respondent and in order to consider the said representation by the respondent Tahsildar and to pass orders thereon, the petitioner has moved the present writ petition.

3. Heard the learned counsel for the petitioner and the learned Additional Government Pleader for the respondents.

4. Learned Additional Government Pleader would submit that, if at all the petitioner wants joint patta he has to make an online application to the respondent Tahsildar and once such application is made, the same would be 2 / 4

considered and necessary orders would be passed by the respondent Tahsildar within a time frame that may be stipulated by this Court.

5. Considering the said submission made by the learned Additional Government Pleader, this Court is inclined to direct the petitioner to make an online application to the respondent seeking joint patta as stated supra within a period of two weeks from the date of receipt of a copy of this order and on receipt of such application, the respondent Tahsildar shall consider the same and orders shall be passed thereon on merits and in accordance with law within a period of six weeks thereafter.

With the above directions, this writ petition is disposed of. No costs.

02.03.2023 Index : Yes/No Speaking Order / Non-speaking order KST To The Tahsildar Denkanikottai Taluk Krishnagiri District.

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R. SURESH KUMAR, J.

KST W.P.No. 6398 of 2023 02.03.2023 4 / 4