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Madras High CourtWP/28991/2017disposed of

Mr.Naiyer Sultan v. The Tahsildar

2017-11-14Honourable Mr Justice K. Ravichandrabaabu2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14.11.2017

CORAM

THE HONOURABLE MR.JUSTICE K. RAVICHANDRABAABU W.P.No.28991 of 2017 1.

Mr.Naiyer Sultan 2.

Mr.Shahid Sultan ... Petitioners vs.

The Tahsildar Sholinganallur (1) Taluk Kancheepuram - 03 Kancheepuram District.

...Respondent

PRAYER:

Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, directing the respondent to issue Patta in favour of the petitioners, for the property being land and building, land of an extent of 50 cents, comprised in Part of Survey No.92/2A1C, bearing Plot No.26, Door No.5/60, Sea View Avenue, First Street, Neelangarai, Sholinganallur, situate at No.115, Neelangarai Village, being the subject matter Application Nos. with ID (i) 2016/0105/03/020975; (ii) 2016/0105/03/020973 (iii) 2016/0105/03/020958 and (iv) 2016/0105/03/020951.

For Petitioners: Mr.Kuberan for M/s.Rank Associates For Respondent : Mr.A.Kumar Special Government Pleader

O R D E R

Mr.A.Kumar, learned Special Government Pleader takes notice for the respondent. By consent of the parties, the main writ petition is taken up for final disposal at the admission stage itself.

2. Heard both sides.

3. The petitioners seek for mandamus directing the respondent to consider their application dated 03.08.2016, wherein and whereby they sought for sub-division and transferring Patta in their favour, in respect of the property referred to in the writ petition.

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4. The grievance of the petitioners before this Court is that their request was not considered by the respondent so far. This Court, at this stage, is not expressing any view on the claim made by the petitioners, as it is for the respondent to consider and decide the same. Thus, this writ petition is disposed of, only with a direction to the respondent to consider the application of the petitioners dated 03.08.2016 and pass orders on the same on merits and in accordance with law, after hearing the rival claimants, if any. Such exercise shall be done by the respondent within a period of eight weeks from the date of receipt of a copy of this order. No costs. Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar mk To The Tahsildar Sholinganallur (1) Taluk Kancheepuram - 03 Kancheepuram District.

+1 cc to M/s.Rank Associates Advocate sr 81630 +1 cc to the Govt Pleader High Court Madras sr 80964 W.P.No.28991 of 2017 gp(co) aa04/12/2017 https://hcservices.ecourts.gov.in/hcservices/