Pachaikannu, v. The Tashildar,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.03.2024

CORAM

THE HONOURABLE MR.JUSTICE P.VELMURUGAN Pachaikannu ... Petitioner versus 1.The Tahsildar, Kunnam Taluk, Perambalur District.

2.The Village Administrative Officer, Keelapuliyur (S) Village, Sirukudal, Kunnam Taluk, Perambalur District.

... Respondents Writ Petition filed under Article 226 of Constitution of India, praying to issue a Writ of Mandamus, directing the first respondent to mutate the patta in the name of petitioner and his brothers from the name of their father named Muthusamy for the property in S.F.No.162/1A in Keelapuliyur South Village of Kunnam Taluk in Perambalur District of which Patta No.1675 by considering the petitioner's application dated 01.02.2024. Page Nos.1/6

For Petitioner :

Mr.N.Ponraj For Respondents :

Mr.T.Arun Kumar Additional Government Pleader

O R D E R

Mr.T.Arun Kumar, learned Additional Government Pleader accepts notice for the respondents. With the consent of both the parties, this writ petition is taken up for final disposal at the admission stage itself.

2. This writ petition has been filed seeking for issuance of a writ of mandamus, directing the first respondent to consider the application of the petitioner dated 01.02.2024, in and by which, she sought to mutate the Patta in Patta No.1675 in the name of petitioner and his brothers from the name of their father Muthusamy in respect of the property in S.F.No.162/1A in Keelapuliyur South Village of Kunnam Taluk in Perambalur District. Page Nos.2/6

3.The main grievance of the petitioner is that even though she has made an application on 01.02.2024, till date, the respondents have not taken any action on the said application.

4. The learned Additional Government Pleader appearing for the respondents submitted that the petitioner's application would be considered on merits and in accordance with law.

5. Heard both sides and perused the materials available on record.

6. Since this writ petition is filed for Mandamus simpliciter, to direct the respondents to consider the application of the petitioner, this Court, without expressing any view or opinion with regard to the merits of the case, directs the first respondent to consider the application of the petitioner dated 01.02.2024, after issuing notice to the petitioner as well as rival Page Nos.3/6

claimants/interested parties/objectors/aggrieved parties/adjacent owners of the four boundaries of the subject land if any, as the case may be, conduct an enquiry into the matter and pass appropriate orders on merits and in accordance with law. Such exercise shall be completed within a stipulated time as stated in Circular No.R1/2005632/2022, dated 17.07.2023 issued by the Commissioner of Land Administration.

7. With the above directions, the writ petition is disposed of. However, there shall be no order as to costs.

11.03.2024 Index: Yes/No Speaking Order : Yes/No ms Page Nos.4/6

To 1.The Tahsildar, Kunnam Taluk, Perambalur District.

2.The Village Administrative Officer, Keelapuliyur (S) Village, Sirukudal, Kunnam Taluk, Perambalur District.

Page Nos.5/6

P.VELMURUGAN, J.

ms W.P.No.6212 of 2024 11.03.2024 (2/3) Page Nos.6/6