D.Thirunavakarasu v. The Tahsildar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.08.2020

CORAM

THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH W.P.No.10210 of 2020 and W.M.P.No.12414 of 2020 D.Thirunavakarasu, S/o.Late K.P.Devaraja Gramani, No.3B, Thirumoorthy Nagar, Vetrivayal Chavadi, Chennai - 103.

...Petitioner

Vs.

1.The Tahsildar, Arakkonam Taluk, Ranipet District.

2.The Joint Sub Registrar-II, Arakkonam, Ranipet District.

3.D.Ganesn, S/o.Late K.P.Devaraja Gramani, Plot No.3, Vetrikarkil Nagar, Sankarapuram, Sithalapakkam, Chennai - 131.

4.C.Nirmala, D/o.D.Ganesan, Plot No.3, Vetrikarkil Nagar, Sankarapuram, Sithalapakkam, Chennai - 131.

...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondent to consider and pass orders on the petitioner's representation dated 02.06.2020 after issuing notice to the respondents 3 and 4.

For Petitioner : Mr.G.Jeremiah For Respondents: Mr.K.Parameshwaran Government Advocate for R1 : Mr.T.M.Pappiah Special Government Pleader for R2

O R D E R

This writ petition has been filed for a issue of writ of mandamus directing the first respondent to consider the representation made by the petitioner on 02.06.2020, wherein the petitioner has sought for joint patta.

2. The case of the petitioner is that the petitioner and the third respondent are brothers and the fourth respondent is the wife of the third respondent. The property originally belonged to the father of the petitioner and according to the petitioner after his father's demise, the petitioner is entitled for a share in the property.

3. The further case of the petitioner is that the petitioner had submitted an application for joint patta on 02.06.2020 before the first respondent and since the same was not considered, the present writ petition has been filed before this Court seeking for an appropriate direction.

4. Heard Mr.Jeremiah, learned counsel appearing for the petitioner, Mr.K.Parameshwaran, learned Government Advocate appearing on behalf of the first respondent and Mr.T.M.Pappiah, learned Special Government Pleader appearing on behalf of the second respondent.

5. Taking into consideration the facts of the case and limited relief sought for in the writ petition, there shall be a direction to the first respondent to consider the representation made on 02.06.2020 and deal with the same strictly in accordance with law and pass orders within a period of eight weeks from the date of receipt of a copy of this order. The first respondent is directed to issue notice to the third and fourth respondents before proceeding further with the enquiry and give them an opportunity. The petitioner is directed to make a fresh representation to the first respondent along with a copy of the representation dated 02.06.2020 and other relevant documents and also a copy of this order.

6. This writ petition is disposed of with the above directions. No cost. Consequently connected miscellaneous petition is closed.

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

rst To:

1.The Tahsildar, Arakkonam Taluk, Ranipet District.

2.The Joint Sub Registrar-II, Arakkonam, Ranipet District.

+1cc to the Government Pleader Sr.26348 W.P.No.10210 of 2020 and W.M.P.No.12414 of 2020 nrl[co] srg 28/09/2020