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Madras High CourtWP/1299/2018disposed of

Palanisamy v. The Assistant Land Survey

2018-02-05Honourable Mr Justice K. Ravichandrabaabu2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 05.02.2018

CORAM

THE HONOURABLE MR.JUSTICE K.RAVICHANDRABAABU W.P.No.1299 of 2018 and W.M.P.No.1630 of 2018 Palanisamy .. Petitioner vs.

1. The Assistant Land Survey & Settlement Officer (South) Survey & Settlement Department, Government of Tamil Nadu, Survey House, Chepauk, Chennai - 600 005.

2. The Tahsildar, Dharapuram Taluk, Tiruppur District.

3. The Assistant Executive Officer, Hindu Religious & Charitable Endowments Department, Tiruppur District.

..Respondents Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus to direct the 1st respondent to issue patta in favour of the petitioner for his 10 acres of agricultural lands out of a total extent of 21 acres and 57 cents of lands comprised in Old S.No.352 of Erisanampalayam Village, Dharapuram Taluk, Tiruppur District. For Petitioner : Mr.M.Santhanamari For Respondents : Mr.B.Anandan, Government Advocate for R1 & R2 Mr.M.Maharaja, Special Government Pleader (HR&CE) for R3.

O R D E R

The petitioner seeks for issuance of mandamus directing the first respondent to issue patta in favour of the petitioner in respect of the subject matter land referred to in the writ petition.

https://hcservices.ecourts.gov.in/hcservices/

2. It is seen that the second respondent has already passed an order on 05.05.2015 informing the petitioner that he has to approach the first respondent and make such request as the subject matter is a Minor Inam land. It is further seen that in pursuant to the said order passed by the 2nd respondent, the petitioner made an application before the first respondent on 25.08.2015 and the said application is still pending.

3. This Court, at this stage, is not expressing any view on the claim made by the petitioner as it is for the first respondent to consider and decide. Accordingly, the writ petition is disposed of by directing the first respondent to pass orders on the petitioner's application dated 25.08.2015 on merits and in accordance with law, after giving due opportunity of hearing to the petitioner as well as all interested parties including the 3rd respondent. Such exercise shall be done by the first respondent within a period of twelve weeks from the date of receipt of a copy of this order. No costs. Consequently, the connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS IX ) //True copy// Sub Assistant Registrar vsi To

1. The Assistant Land Survey & Settlement Officer (South) Survey & Settlement Department, Government of Tamil Nadu, Survey House, Chepauk, Chennai - 600 005.

2. The Tahsildar, Dharapuram Taluk, Tiruppur District.

3. The Assistant Executive Officer, Hindu Religius & Charitable Endowments Department, Tiruppur District.

+1cc to Mr.E.J.Ayyappan, Advocate SR.No.8344 +2cc to Government Pleader SR.No.8724, 9504 W.P.No.1299 of 2018 GN(15/02/2018) https://hcservices.ecourts.gov.in/hcservices/