Kuppanagounder @ Kuppusamy v. The Tahsildar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.04.2022

CORAM:

THE HON'BLE MR.JUSTICE M.DHANDAPANI W.P.NO.11364 OF 2022 Kuppanagounder @ Kuppusamy

...Petitioner

vs.

The Tashildar, Peruvattam, Siruvanisalai, Perur, Coimbatore - 641 010.

... Respondents Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondent herein to consider the representation dated 01.01.2022 and consequently direct the respondent to issue a Joint patta in respect of the property situated in S.No.87/2, Madhampati Village, Perur taluk, Coimbatore District along with his son K.Ravi within a time stipulated by this Hon'ble Court. For Petitioner : Mr.S.Karthikei Balan For Respondents : Mr.R.Vigneswaran Government Advocate

ORDER

This writ petition has been filed seeking for issuance of a writ of Mandamus to direct the respondent herein to consider the petitioner's representation dated 01.01.2022 and consequently direct the respondent to issue a Joint patta in favour of petitioner and his son in respect of the property comprised in S.No.87/2, situated at Madhampati Village, Perur taluk, Coimbatore District.

2. The case of the petitioner is that the petitioner along with his son are the owners of the above said property of an

extent of 1.42.4 Hectare situated in Madhampati Village. Thereafter, the petitioner and his son are in absolute possession and enjoyment of the said property. While that being so, in order to obtain joint patta, petitioner made representation to the respondent / Tahsildar dated 01.01.2022. Since the same was not considered, the petitioner has filed the present Writ Petition seeking the aforesaid relief.

3. Though very many grounds have been raised in this Writ Petition, learned counsel for the petitioner submits that it would suffice if this Court issues direction to the respondent to consider the petitioner's representation dated 01.01.2022 and pass orders on merits within a particular time frame to be fixed by this Court.

4. The learned Government Advocate appearing for respondents has no objection for said order being passed.

5. Heard the learned counsel appearing on either side and perused the materials placed before this Court.

6. Taking into consideration the factual aspects of the matter, this Court without going into the merits of the case, directs the respondent to consider the said representation of the petitioner dated 01.01.2022 and pass appropriate orders, on merits and in accordance with law after affording an opportunity of hearing to the petitioner as well as aggrieved persons if any, within a period of twelve weeks from the date of receipt of a copy of this order.

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

Sd/- Assistant Registrar(CS IX) //True Copy// Sub Assistant Registrar rap

To The Tashildar, Peruvattam, Siruvanisalai, Perur, Coimbatore - 641 010.

+1cc to Mr.S.Karthikei Balan, Advocate, S.R.No.30996 +2ccs to the Government Pleader, S.R.No.30923, 30956 W.P.No.11364 of 2022 VGII(CO) PM/01/06/2022