S.Mohammed Akbar v. The Tahsildar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATE: 16.06.2015

CORAM

THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN W.P.No.16221 of 2015 S.Mohammed Akbar ... Petitioner

Versus

1 The Tahsildar Kattumannarkoil Taluk Kattumannarkoil Cuddalore District 2 The Managing Trustee Big Mosque Chidambaram Main Road Udayarkudi Kattumannarkoil Taluk Cuddalore District .. Respondents Prayer: This Writ Petition is filed under Article 226 of the Constitution of India, seeking for a writ of mandamus, directing the 1st respondent to change over the patta in so far relates to land situated in R.S.Nos.157/1 and 157/2 in Udayarkudi Village Kattumannarkoil Taluk Cuddalore District to the extent of 66 cents and 2.92 acres of land in the petitioners name consequently direct the 1st respondent to issue patta in the name of the petitioner from the 2nd respondent Managing Trustee.

For Petitioner : Mr.C.Prakasam For Respondents : Mr.V.Subbiah (for R1) Special Government Pleader Mr.A.Saravanan (for R2)

O R D E R

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

2. The petitioner claims right in respect of the landed property in Patta No.108, Udayarkudi, Kattumannarkoil Taluk, Cuddalore District and it is his grievance that trustees of Udayarkudi, Big Mosque/2nd respondent herein approached the 1st respondent and managed to get change of patta behind his back and in this regard, he sent a lawyer's notice dated 12.05.1997 as well as representation dated 10.06.2013 and since, he has not been favoured with any response, came forward to file this writ petition.

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3. Heard the submissions of Mr.C.Prakasam, learned counsel appearing for the petitioner, Mr.V.Subbiah, learned Special Government Pleader, who accepts notice for 1st respondent and Mr.A.Saravanan, learned counsel, who accepts notice for 2nd respondent.

4. It is brought to the knowledge of this Court that the request made for change of patta has been rejected by the 1st respondent vide proceedings in Na.Ka.No.B2/5605/15 dated 09.06.2015.

5. In the light of the said development, nothing survives for adjudication in this writ petition. Therefore, this writ petition is dismissed. However, the petitioner, if so advised, is at liberty to work out his remedy in accordance with law, in respect of the above said order passed by the 1st respondent. No costs. ars s/d- Assistant Registrar True Copy Sub-Assistant Registrar To The Tahsildar Kattumannarkoil Taluk Kattumannarkoil Cuddalore District + 1 cc to Mr.A.Saravanan, Advocate SR 29295 + 1 cc to Mr.C.Prakasam, Advocate SR 29650 + 1 cc to the Govt.Pleader SR 29526 rj(co) prk26/6 W.P.No.16221 of 2015 https://hcservices.ecourts.gov.in/hcservices/