Madras High CourtWP/32372/2013disposed of

R.Nallaiyan v. The Tahsildar

2018-01-31Honourable Mr Justice K. Kalyanasundaram2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 31.01.2018

CORAM

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM W.P.No.32372 of 2013 1.R.Nallaiyan 2.N.Subramani

...Petitioners

Versus

The Tahsildar, O/o the Tahsildar, Namakkal Taluk, Namakkal District.

.. Respondent Prayers: The Writ Petition is filed under Article 226 of the Constitution of India, seeking for a Writ of Mandamus directing the respondent to issue Patta in our favour in the light of the Koor chit dated 21.05.2013.

For Petitioners : Mr. N.C.Ashok Kumar For Respondent : Mr.B.Anand Government Advocate

O R D E R

The prayer sought for in this writ petition is for issuance of a Writ of Mandamus, to issue patta in favour of the petitioners in the light of the Koor chit dated 21.05.2013.

2. The case of the petitioners is that the petitioners lands in Survey Nos.75/5, 3/2, 2/4, 2/5 are ancestral properties and vide an oral partition dated 20.11.2001, the lands were allotted to the first petitioner and subsequently, the oral partition between the petitioners was reduced into writing in a Koor chit dated 21.05.2002.

3. The petitioners claim that in respect of lands stated above, a patta was already issued in the name of the first petitioner and after partition, when they approached the respondent for issuance of separate pattas, it was refused and hence they sent a joint representation to the respondent on 23.08.2013. Since no favourable order was passed, the https://hcservices.ecourts.gov.in/hcservices/

petitioners are before this Court by filing the present writ petition.

4. Heard, Mr.N.C.Ashok Kumar, learned counsel for the petitioners and Mr. B.Anand, learned Government Advocate for the respondent.

5. In the light of the above facts, this Court, without going into the merits of the case directs the respondent to pass appropriate orders on the representation of the petitioners dated 23.08.2013 on merits and in accordance with law, after providing an opportunity to all the necessary parties, within a period of twelve weeks from the date of receipt of a copy of this order.

6. With the above direction, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar(CS IX ) //True copy// Sub Assistant Registrar rpl To The Tahsildar, O/o the Tahsildar, Namakkal Taluk, Namakkal District.

+1cc to Mr.C.Jagadish, Advocate SR.No.7337 +1cc to Government Pleader SR.No.7978 W.P.No.32372 of 2013 VGI(CO) GN(16/02/2018) https://hcservices.ecourts.gov.in/hcservices/