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Madras High CourtWP/20933/2021disposed of

E.Suryaprasath v. The Tahsildar

2021-10-26Honourable Mrs Justice V.Bhavani Subbaroyan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.10.2021

CORAM

THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN W.P.No.20933 of 2021 E.Suryaprasath ..Petitioner

Versus

The Tahsildar, Pappiredipatti Taluk, Dharmapuri District.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the respondent to consider the petitioner's application dated 01.03.2021 to issue patta in favour of him and his brother namely Vignesh with regard to the extent of 6.75 acresof land in Survey Nos.104/4, 112/1, 102, 101/3, 76/3B, 73/2C, 73/3A, 73/3B at A.Pallipatti Village, Pappireddipatty Taluk, Dharmapuri District and to the extent of 4423 Sq.feet of land in Survey Nos.96, 90/7, 96 (new No.306/4) at Adhigarapatty Village Pappireddipatty Taluk, Dharmapuri District, within a time fixed by this Court. For Petitioner : Mr.J.Pradeep For Respondent : Mr.Yogesh Kannadasan Government Advocate

O R D E R

This Writ Petition is filed for issuing a Writ of Mandamus, directing the respondent to consider the petitioner's application dated 01.03.2021 to issue patta in favour of him and his brother namely Vignesh with regard to the extent of 6.75 acresof land in Survey Nos.104/4, 112/1, 102, 101/3, 76/3B, 73/2C, 73/3A, 73/3B at A.Pallipatti Village, Pappireddipatty Taluk, Dharmapuri District and to the extent of 4423 Sq.feet of land in Survey Nos.96, 90/7, 96 (new No.306/4) at Adhigarapatty Village Pappireddipatty Taluk, Dharmapuri District, within a time fixed by this Court.

2. The case of the petitioner is that the petitioner and his brother namely Vignesh having lands to the extent of 6.75 acres of land in S.Nos.104/4, 112/1, 102, 101/3, 76/3B, 73/2C, 73/3A, 73/3B at A.Pallipatti Village, Pappireddipatty Taluk, Dharmapuri District and to the extent of 4423 Sq.feet of land in Survey Nos.96, 90/7, 96 (new No.306/4) at Adhigarapatty Village Pappireddipatty Taluk, Dharmapuri District, through Will dated 20.07.2020 executed by his grand mother and he has been in possession and enjoyment of the same. The petitioner and his brother approached the respondent to issue patta in favour of him and his brother Vignesh but the respondent has not responded the same and therefore, the petitioner made a representation dated 01.03.2021, to the respondent to issue patta in favour of him and his brother through registered post. Though the representation was received by the respondent, till date they have not shown any response towards petitioner's representation. Hence, the petitioner has come forward with the present writ petition before this Court.

4. The learned counsel appearing for the petitioner submitted that the petitioner will be satisfied if a direction is issued to the respondent to consider his representation dated 01.03.2021 and dispose of the same within a stipulated time that may be framed by this Court.

5. Having regard to the limited scope of the prayer that is now sought for in this writ petition before this Court and taking into account the submissions made on either side, without expressing any opinion on the merits of the petitioner's representation or the case pleaded by the petitioner in the present writ petition, the Writ Petition is disposed of, with a direction to the respondent to consider the petitioner's representation dated 01.03.2021 and pass appropriate orders, on merits and in accordance with law, within a period of Sixteen Weeks from the date of receipt of a copy of this order. The Registration of the Will is an optional. No costs. Sd/- Assistant Registrar(CS-II) // True Copy // Sub Assistant Registrar ssn

To The Tahsildar, Pappiredipatti Taluk, Dharmapuri District.

+1cc to the Government Pleader, SR.No.55879 W.P.No.20933 of 2021 PMK(CO) CB(29/11/2021)