M.Balamurugan v. The Tahsildar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16.03.2023 CORAM :

THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM M.Balamurugan ..

Petitioner vs

1. The Tahsildar Fort Tondaiarpet Taluk Chennai - 600 003.

2. R.Kumar ..

Respondents Prayer: Petition filed under Article 226 of the Constitution of India praying for a writ of Mandamus, directing the first respondent herein to dispose the representation dated 1.10.2013 within the stipulated period prescribed by this Hon'ble Court.

For the Petitioner : Mr.G.Thangavel For the Respondents : Mr.S.Ravichandran Additional Government Pleader for respondent 1 Not Ready in Notice for respondent 2

ORDER

The relief sought for in the present writ petition is to direct the first respondent to dispose of the representation dated 1.10.2013.

2. The learned counsel for the petitioner states that the representation is sent to the first respondent for grant of separate patta, which was not considered during the relevant point of time.

3. For issuance of patta, procedures are contemplated under the Patta Passbook Act. Thus, the petitioner has to submit an appropriate application in the prescribed format to the competent authority for conducting an enquiry and for grant of patta. By mere disposal of the representation, the petitioner cannot get the relief and such a direction in the absence of establishing the right cannot be granted. Therefore, the petitioner is at liberty to submit an appropriate application under the provisions of the Patta Passbook Act and in the event of submitting any such application, the

competent authority shall consider the same on merits and in accordance with law.

4. With these directions, the writ petition is disposed of. There will be no order as to costs.

Index : Yes/No 16.03.2023 Neutral Order:Yes/No drm To:

1. The Tahsildar Fort Tondaiarpet Taluk Chennai - 600 003.

S.M.SUBRAMANIAM,J.

(drm) 16.03.2023