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Madras High CourtWP/8095/2015disposed of

G.Kalaiarasi, v. The Tahsildhar,

2023-06-06Honourable Mr Justice S.M. Subramaniam4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.06.2023

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM G.Kalaiarasi ... Petitioner Vs 1.The Tahsildar, Dharmapuri Taluk, Dharmapuri District.

2.The Village Administrative Officer, Athakapadi Village & Post, Dharmapuri Taluk, Dharmapuri District.

3.K.Thavaprakasam ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the 1st respondent to consider and pass orders on the petitioner's representation dated 12.01.2015. For Petitioner : Mr.R.Rajesh Krishna For Respondents : Mr.T.Arunkumar Additional Government Pleader for R1 & R2 : Mr.C.Munusamy for R3 1/4

ORDER

The relief sought for in the present writ petition is to direct the 1st respondent to consider and pass orders on the petitioner's representation dated 12.01.2015. The petitioner submitted an application to modify patta which was already granted in favour of the 3rd respondent.

2. The learned counsel for the petitioner states that the 3rd respondent obtained patta by suppressing certain facts. Therefore, the authorities competent have to conduct an enquiry by affording an opportunity to all the parties concerned.

3. In the present case, the application was submitted on 12.01.2015 and 7 1⁄2 years lapsed. On account of efflux of time, a direction as such sought for cannot be granted at this length of time. Therefore, the petitioner is at liberty to submit a fresh application under the provisions of the Patta Passbook Act for redressing his grievances. In the event of submitting any application, the competent authority shall conduct an enquiry by affording an opportunity to all the parties concerned and pass orders on merits and in accordance with law. Accordingly, the Writ Petition stands disposed of. 2/4

However, there shall be no order as to costs. 06.06.2023 Index : Yes/No Speaking Order : Yes/No Sgl To 1.The Tahsildar, Dharmapuri Taluk, Dharmapuri District.

2.The Village Administrative Officer, Athakapadi Village & Post, Dharmapuri Taluk, Dharmapuri District.

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S.M.SUBRAMANIAM, J.

Sgl 06.06.2023 4/4