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Madras High CourtWP/16382/2018dismissed

G.Balasubramanian, v. The Tahsildar And Record Of

2018-07-04Honourable Mr Justice T.Raja2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.07.2018

CORAM

THE HONOURABLE MR.JUSTICE T.RAJA W.P.No.16382 of 2018 G.Balasubramanian ..

Petitioner Vs.

1.The Tahsildar and Record of Tenancy Rights Officer, Coimbatore (North), Coimbatore.

2.Krishnar Temple rep by its Fit Person Pannimadai, Office at A/m Kulanthai Velayuthasamy Temple, Kurunthamalai, Karamadai Post, Mettupalayam Taluk, Coimbatore - 641 104.

..

Respondents Petition under Article 226 of the Constitution of India, praying for the issue of a Writ of Mandamus, directing the 1st respondent herein to dispose of the un-numbered application in T.R.No. Of 2018 dated 12.04.2018 filed before the 1st respondent herein on merits within a stipulated time. For Petitioner : Mr.V.P.K.Gowtham For Respondent : Mrs.K.Bhuvaneswari, Additional Government Pleader (R1)

O R D E R

The petitioner seeks a direction to the 1st respondent herein to dispose of the un-numbered application in T.R.No. Of 2018 dated 12.04.2018 filed before the 1st respondent herein on merits within a stipulated time.

2.The learned counsel for the petitioner submitted that the petitioner's father V.S.Gopalswamy was a cultivating tenant under Section 4(1) of the Tamil Nadu Agricultural Land Records of Tenancy Rights Act, 1969. He was also registered as a cultivating tenant to the land owners Alamelu Ammal and Subbulakshmi Ammal in respect of S.No.128 measuring 5 acres in https://hcservices.ecourts.gov.in/hcservices/

Pannimadai Village. The order dated 30.06.1978 passed by the Record Officer and Tahsildar, Coimbatore, shows that the petitioner's father was a cultivating tenant. As the petitioner's father passed away on 20.01.2005, leaving behind the petitioner and his sister as his legal heirs, the petitioner has become the cultivating tenant and wants his name to be recorded as the cultivating tenant. The petitioner has also submitted an application before the 1st respondent, which is pending.

3.This Court is unable to entertain the Writ Petition for the reason that the petitioner is not able to produce any documents to show that the petitioner is physically cultivating the lands after the death of his father V.S.Gopalswamy. 4.In view of the fact that the petitioner is unable to produce any documents, the Writ Petition fails and the same is dismissed. No costs.

Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar va To The Tahsildar and Record of Tenancy Rights Officer, Coimbatore (North), Coimbatore.

+1cc to the Government Pleader Sr.43631 +1cc to Mr.V.P.K.Gowtham, Advocate Sr.43033 W.P.No.16382 of 2018 pvs[co] srg 16/07/2018 https://hcservices.ecourts.gov.in/hcservices/