Madras High CourtWP/14384/2022disposed of

S.Mariswamy v. The Tahsildhar

2022-06-10Honourable Mr Justice M.Dhandapani3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.06.2022

CORAM

THE HONOURABLE MR. JUSTICE M.DHANDAPANI W.P.NO.14384 OF 2022 S.Mariswamy ... Petitioner Vs.

The Tahsildar, Cheyyur Taluk Office, Cheyyurm Chenglepet District ... Respondent Prayer:

Writ petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Mandamus, directing the Respondent to consider Petitioner Petition dated 09.02.2022 for modification in the Patta Pass Book filed under Section 10 of the Tamil nadu patta Pass Book Act 1983 and pass orders on its merits and in accordance with law within the time frame stipulated by Honble court.

For Petitioners: Mr.Balan Haridas For Respondent : Mr.P.Sathish, AGP

O R D E R

Mr.P.Sathish, learned Additional Government Pleader takes notice for the respondent. By consent of both the parties, the writ petition is taken up for final disposal at the time of admission stage itself.

2. This Writ Petition has been filed seeking a direction to the Respondent to consider Petitioner Petition dated 09.02.2022 for modification in the Patta Pass Book filed under Section 10 of the Tamil nadu patta Pass Book Act 1983 and pass orders on its merits and in accordance with law within the time frame stipulated by Honble court.

3. The case of the petitioner is that the petitioner's father purchased the land measuring one acre and 32 cents on 03.03.1981 in the land comprised in S.No.220/2, No.61 Vilambur Village, Cheyyur Taluk, chengelpet District from one Arumugam Mudaliar by a registered sale deed dated 03.03.1981 vide document No.320/1981 before the Sub Registrar, Cheyyur. After death of the petitione's father, the above said subject land has been in possession and enjoyment of the petitioner and 4 other brothers who are the legal heirs. The land has been partitioned between the petitioner and his brothers. Subsequently, the patta was transferred in the name some unknown persons by playing fraud. Hence, the petitioner made a representation dated 09.02.2022 to the respondent to modify the patta in the name of the petitioners. Till date, the respondent has not considered the same and hence, the petitioner has filed the present petition before this Court seeking appropriate remedy.

4. The learned counsel for the petitioner submitted that this Court may issue a direction to the respondent to consider the representation dated 09.02.2022 and pass appropriate orders within the time frame as fixed by this Court.

5. Heard the learned counsel for the petitioner and perused the materials available on record.

6. Considering the facts and circumstances of the case and the limited request made by the petitioner, this Court directs the respondent to consider the representation dated 09.02.2022 made by the petitioner, after providing opportunity to the petitioner as well as the counter parties, if any and pass necessary orders in this regard on merits and in accordance with law within a period of twelve weeks from the date of receipt of a copy of this order.

7. With the above direction, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar rli

To The Tahsildar, Cheyyur Taluk Office, Cheyyurm Chenglepet District +1cc to Mr.Balan Haridas, Advocate, S.R.No.34438 +1cc to the Government Pleader, S.R.No.34569 W.P.No.14384 of 2022 PL(CO) PM/28/06/2022