L.Karthikeyan v. The Thasildar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.08.2015

CORAM

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH W.P.No.95 of 2015 1.L.Karthikeyan 2.L.Indhirani .. Petitioners Vs.

1.The Thasildar, Madathukulam Taluk, Tirupur District.

2.G.T.Muthuveerappan, 3.G.T.Arunachalam 4.S.Duraisamy .. Respondents Prayer:

Petition filed under section 226 of the Constitution of India to issue a Writ of Mandamus directing the 1st respondent by entering the petitioner's name and the petitioner's mother second petitioner's name in the Patta, which is issued in favour of the fourth respondent in respect of the agricultural land situated at Ka.Sa.No.231/1 in Jothampatti Village, Madathukulam Taluk, Thirupur District by considering the representation dated 17.12.2014. For Petitioners: Mr.N.Stalin For Respondents: Mr.A.Kumar, Spl G.P. for R1 Mr.K.Sukumaran for RR2 to 4

O R D E R

This Writ Petition has been filed seeking for issuance of a Writ of Mandamus directing the 1st respondent to enter the petitioners' name in the Patta, which is issued in favour of the fourth respondent in respect of the agricultural land situate at Ka.Sa.No.231/1 in Jothampatti Village, Madathukulam Taluk, Thirupur District, by considering the representation dated 17.12.2014. 2.Seeking to include his name as a tenant in the Patta issued in favour of respondent no.4, who is said to be a subsequent purchaser from the respondent nos.2 and 3.

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3.The respondents 1 and 4 have filed a counter affidavit in answer to the contentions raised in the affidavit filed in support of the W.P.

4.The prayer sought for by the petitioners cannot be granted. The name of a tenant cannot be included in the Patta pass book or Chitta. The petitioners' cannot make a request to include their names as per Rule 6 as a tenant in the Patta issued in favour of respondent no.4, who is said to be a subsequent purchaser from the respondent nos.2 and 3.

5.In the absence of any valid documents, petitioners' request cannot be considered.

6.However, taking into consideration the representation dated 17.12.2014 and without going into the merits of the case, the respondent no.1 is directed to conduct an enquiry after affording the petitioners' as well as the respondent nos.2 to 4 and dispose of the same within a period of 8 weeks from the date of receipt of a copy of this order.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar dn To The Thasildar, Madathukulam Taluk, Tirupur District.

+1cc to M/s. N. Stalin, Advocate, S.R.No.44252 +1cc to M/s. K. Sukumaran, Advocate, S.R.No.44046 +1cc to the Government Pleader, S.R.No.43930 W.P.No.95 of 2015 PPA(CO) EU 03.09.15 https://hcservices.ecourts.gov.in/hcservices/