← Library
Madras High CourtWP/15877/2022disposed of

A.Sheik Mohamed Sahubar Ali, v. The Tahsildar

2022-06-24Honourable Mr Justice M.Dhandapani2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.06.2022

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.No.15877 of 2022 A.Sheik Mohamed Sahubar Ali

...Petitioner

Vs.

The Tahsildar, No.1, 1st Cross Street, New Kumaran Nagar, Sholinganallur - 600 119.

...Respondent

Prayer:- Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondent herein to consider the petitioner's representation dated 11.11.2021 and to pass orders within a time frame limit. For Petitioner :

Mr.C.V.Kumar For Respondent :

Mr.A.Anandan, Government Advocate

O R D E R

The petitioner has filed this writ petition seeking issuance of Writ of Mandamus to direct the respondent to consider the petitioner's representation dated 11.11.2021.

2. The learned Government Advocate takes notice for the respondent. In view of the consent expressed by the Learned counsel appearing for either side, this petition is taken up for final disposal.

3. The case of the petitioner is that the petitioner is the owner of the property situated at Plot No.2, 1st cross street, Bethel Nagar, Seevaram Village, measuring to an extent of 4240 sqft. The petitioner had purchased the property from one A.M.Abu Bakkar, through sale deed vide Document No.2437 of 2012 dated 31.03.2012 and in the year 2018, the he got online patta for the said property. While so, the petitioner obtained loan, mortgaging the said property in the Indian Bank, Guindy Branch.

Thereafter, the petitioner checked his patta in online and he was surprised to know that his online patta did not reflect the petitioner's name and encumbrance certificate displays petitioner's name along with the mortgagee's name as Indian Bank. Consequently, he made a representation dated 11.11.2021, before the respondent. Since the same has not been considered, the petitioner has filed the present Writ Petition seeking the aforesaid relief.

4. Though very many grounds have been raised, 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 11.11.2021 and pass orders on the same within a particular time frame fixed by this Court.

5. The learned Government Advocate has no objection for said order being passed and he fairly conceded that the petitioner's representation dated 11.11.2021 will be considered and appropriate orders will be passed within the time stipulated by this Court.

6. In view of the aforesaid submissions, this Court without expressing any opinion on the merits of the case directs the respondent to consider the petitioner's representation dated 11.11.2021 on merits and in accordance with law and pass appropriate orders, within a period of twelve weeks from the date of receipt of a copy of this order.

7. Accordingly, this Writ Petition is disposed of. No costs. Sd/- Assistant Registrar(CS-VI) //True Copy// Sub Assistant Registrar ep/sk To The Tahsildar, No.1, 1st Cross Street, New Kumaran Nagar, Sholinganallur - 600 119.

+1cc to M/s.A.Sajidha Meera Rumana, Advocate, S.R.No.39970 +1cc to the Government Pleader, S.R.No.39874 W.P.No.15877 of 2022 PL(CO) UMA(19/07/2022)