G.Venkatesan v. The Tahsildar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.06.2023

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH G.Venkatesan S/o.Govindarajulu

...Petitioner

Vs 1.The Tahsildar, Taluk Office, Krishnagiri.

2.The Surveyor, Taluk Office, Krishnagiri.

3.The Inspector of Police, Kaveripattinam Police Station, Krishnagiri.

... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the first respondent to issue separate patta in respect of survey Nos.26/1A, 27/1A and 528/1 at Kaveripattinam - 1 & 2, Errahalli - 1 villages respectively to & in favour of the petitioner by considering the applications dated 17.10.2022, 01.12.2022 & 19.05.2023. 1/4

For Petitioner : Mr.R.Marudhachalamurthy For Respondents : Mr.S.Ravichandran Additional Government Pleader

O R D E R

This writ petition has been filed for issue of writ of mandamus directing the 1st respondent to consider the applications submitted by the petitioner wherein, the petitioner has sought for issuance of patta in his name with respect to the subject properties.

2.Heard Mr.R.Marudhachalamurthy, learned counsel appearing on behalf of the petitioner and Mr.S.Ravichandran, learned Additional Government Pleader appearing on behalf of the respondents. 3.The petitioner is claiming a right over the subject property by virtue of the Settlement Deed executed in his favour by his mother through Settlement Deed dated 23.03.2021 registered as Document No.1120 of 2021. The petitioner is also raising their right to the decree that was passed in O.S.No.28 of 1959 wherein, the mother of the petitioner was allotted 1⁄4th share in the property.

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4.Taking into consideration the facts and circumstances of the case and after going through the records, there shall be a direction to the 1st respondent to consider the applications submitted by the petitioner and deal with the same on its own merits and in accordance with law and a final decision shall be taken by the 1st respondent, within a period of six weeks from the date of receipt of copy of this order. If before passing the final orders, any of the other interested parties will have to be heard, the 1st respondent shall issue notice and hear them and thereafter, take a final decision.

5.This writ petition is disposed of in the above terms. No Costs. 27.06.2023 Index : Yes/No Speaking order:Yes/No ssr 3/4

N.ANAND VENKATESH, J ssr To 1.The Tahsildar, Taluk Office, Krishnagiri.

2.The Surveyor, Taluk Office, Krishnagiri.

3.The Inspector of Police, Kaveripattinam Police Station, Krishnagiri.

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