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Madras High CourtWP/13298/2016disposed of

Sivagnanam v. The Tahsildar

2016-04-11Honourable Mr Justice R.Subbiah2 pages

THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 11.04.2016

CORAM

THE HONOURABLE MR. JUSTICE R.SUBBIAH Writ Petition No.13298 of 2016 Sivagnanam ... Petitioner vs.

The Tahsildar, Taluk Office, Chengam Taluk, Thiruvannmalai District.

... Respondent Writ petition has been filed under Article 226 of the Constitution of India, praying for a Writ of mandamus, directing the respondent to consider the petitioner's representation dated 19.5.2015 and issue patta to the petitioner at the earliest. For Petitioner :

Mr.P.R.Balasubramanian For Respondent :

Mr.S.Navaneethan, Addl. Govt. Pleader

ORDER

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

2. The petitioner has come up with the present writ petition for a mandamus, directing the respondent to consider his representation dated 19.5.2015 and issue patta to him at the earliest.

3. It is the case of the petitioner that he has purchased the property in Grama Natham Survey No.132/7 measuring to an extent of 1742 sq.ft., out of 4.06.5 Hec. vide document No.199/2015 and another piece of land in Grama Nathan No.75 in Survey No.132/7 vide document No.105/2015 on the file of Sub Registrar, Kadaladi and Registration District of Thiruvannamalai. After purchase, he applied for patta and for measuring the said properties before the respondent on 5.6.2015 https://hcservices.ecourts.gov.in/hcservices/

and 9.6.2015 by paying necessary fees. But, the respondent failed to measure the properties and issue patta to him. Finally, he made a representation dated 19.5.2015 to the respondent to measure his properties and to issue patta. But, the same was also not considered so far. Hence, left with no other alternative, the petitioner has come up with the present writ petition seeking a direction to the respondent to consider his representation dated 19.5.2015 and issue patta to him at the earliest.

4. I have heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader, who has taken notice on behalf of the respondent.

5. Considering the facts and circumstances of the case and considering the submissions made on either side, this Court directs the respondent to consider the representation of the petitioner dated 19.5.2015 and pass appropriate orders, on merits and in accordance with law, by affording an opportunity of personal hearing to the petitioner as well as to the necessary parties, if any, within a period of six weeks from the date of receipt of a copy of this order. It is made clear that this Court has not expressed any opinion with regard to the merits of the claim made by the petitioner and it is for the respondent to consider the claim of the petitioner strictly on merits and in accordance with law. The writ petition is disposed of accordingly. No costs.

-s/dAssistant Registrar True Copy Sub-Assistant Registrar sbi To The Tahsildar, Taluk Office, Chengam Taluk, Thiruvannmalai District.

+1 cc to M/s.P.R.Balasubramanian Advocate sr.22569 +1 cc to M/s. Government Pleader sr.22767 W.P.No.13298 of 2016 aa02/05/2016 https://hcservices.ecourts.gov.in/hcservices/