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Madras High CourtWP/20331/2025disposed of

R.Munusamy v. The Thasildhar

2025-06-12Honourable Mr.Justice Mohammed Shaffiq6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.06.2025

CORAM

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ R.Munusamy ... Petitioner Vs.

1.The Thasildhar, Office of the Thasildhar, Pennagaram Taluk, Dharmapuri District.

2.Manikandan, 3.Vijayashanthi ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the first respondent to issue separate patta in respect of the property of Grama Natham land comprised in Survey No.370/A situated at Jangamaiyanoor Village, Senganoore Post, Pennagaram Taluk, Dharmapuri District by considering the petitioner's representation dated 07.09.2022 within the period that may be stipulated by this Court and pass orders.

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For Petitioner(s) : Mr.S.Arivazhagan For Respondent(s) : Mr.A.Selvendran Special Government Pleader for R1

ORDER

By consent of learned counsel on both sides, this writ petition is taken up for final disposal at the admission stage itself. In view of the order that this Court proposes to pass and also the limited relief that is sought to be granted, notice to the Respondents 2 and 3 is dispensed with.

2. The present writ petition is filed praying for a writ of mandamus, directing the first respondent to issue separate patta in respect of the property of Grama Natham land comprised in Survey No.370/A situated at Jangamaiyanoor Village, Senganoore Post, Pennagaram Taluk, Dharmapuri District by considering the petitioner's representation dated 07.09.2022 within the period that may be stipulated by this Court.

3. It is submitted by the learned counsel for the petitioner that the property comprised in Survey No.370/A situated at Jangamaiyanoor Village, Senganoore Post, Pennagaram Taluk, Dharmapuri District belonged to 2/6

petitioner's father, who had acquired the property under the Scheme of 20 point program. The petitioner's father divided the property into two parts to settle in favour of his sons. Accordingly, the petitioner acquired property in Survey Nos.370/A2 and 370/18 and his brother, Chandran had acquired property in Survey Nos.370/A1 and 370/17. After the demise of his brother, his wife is in possession and enjoyment of the same. It is stated that UDR patta has also been granted to them for the said property. While so, the revenue officials, made false entry in the revenue records in respect of the property comprised in Survey No.370/A. Hence, the petitioner submitted a representation dated 07.09.2022 to the first respondent seeking issuance of separate patta in respect of S.No.370/A. However, the said representation was not considered so far. Aggrieved by the same, the petitioner has filed the present writ petition.

4. At the outset, it was submitted by the learned Special Government Pleader for first respondent that, all that is kept is an assignment patta issued in favour of petitioner's father and there is nothing to indicate that the petitioner has been issued with UDR patta. However, the petitioner's representation dated 07.09.2022 would be considered and appropriate orders would be passed, after hearing the petitioner, respondents 2 and 3 and wife of the deceased brother of the petitioner and any other interested parties, within a time frame to be fixed by 3/6

this Court, which was agreed to by the learned counsel for petitioner.

5. In view of the same, taking into consideration the facts and circumstances of the case and the limited relief sought for in this Writ Petition, there shall be a direction to the first respondent to consider the representation dated 07.09.2022 on its own merits and pass appropriate orders in accordance with law, after affording reasonable opportunity of hearing to the petitioner, respondents 2 and 3, wife of the deceased brother of the petitioner and any other interested parties, within a period of twelve (12) weeks from the date of uploading of the web copy without waiting for the receipt of certified copy. It is made clear that this Court has not expressed any views with regard to the merits of the case and it is open to the concerned respondent to consider the case on its own merits and in accordance with law.

6. Accordingly, the writ petition stands disposed of. There will be no order as to costs.

12.06.2025 Speaking (or) Non Speaking Order Index : Yes/ No mrn 4/6

To:

1.The Thasildhar, Office of the Thasildhar, Pennagaram Taluk, Dharmapuri District.

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MOHAMMED SHAFFIQ, J.

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