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Madras High CourtWP/21096/2025disposed of

P.Kumar v. The Tahsildar

2025-06-17Honourable Mr.Justice Mohammed Shaffiq9 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17-06-2025

CORAM

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ P.Kumar S/o.Ponnusamy, Main Road, Ilaiyanarkuppam Village, Vanapuram Taluk, Kallakurichi District -605802.

Petitioner(s) Vs

1. The Tahsildar Kallakurichi, Kallakurichi District.

2. Village Administrative Officer, Sengodagounder Thottam, Kondampatti Village, Marampatti Post, Uthangarai Taluk.

Respondent(s) Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus Directing the respondents to mutate the patta in respect of the land measuring an extent of 12 cents situated in S.No. 182/2A Seerpanandal Village, Vanapuram Taluk, Kallakurichi District, in favour of the Petitioner, on the basis of the Petitioners application dated 25.03.2025 within a time frame to be fixed by this Court

For Petitioner(s) : Mr. K.M. Hareesh for PV Law Associates For Respondent(s): Mr. P.Ganesan, GA

ORDER

By consent of learned counsel on both sides, this writ petition is taken up for final disposal at the admission stage itself.

2. This Writ Petition is filed praying for issuance of Writ of Mandamus Directing the respondents to mutate the patta in respect of the land measuring an extent of 12 cents situated in S.No. 182/2A Seerpanandal Village, Vanapuram Taluk, Kallakurichi District, in favour of the Petitioner, on the basis of the Petitioners application dated 25.03.2025 within a time frame to be fixed by this Honble Court.

3. Learned counsel for the petitioner submitted that the property comprised in S.No.182/2A, Seerpanandal Village, Vanapuram Taluk, Kallakurichi District, measuring an extent of 12 cents, was allotted to the petitioner under a partition Deed, dated 06.03.2025 executed amongst the

members of the petitioner's family. In respect of the above said property, the petitioner submitted an application dated 16.04.2025 seeking mutation of patta and a representation on 13.05.2025 seeking to survey the property based on the above said application to the respondents. However, the same has been kept pending without any progress. Hence the present Writ Petition.

4. The learned counsel for the Respondents would submit that they would consider and pass orders on the petitioner's representations dated 16.04.2025 and 13.05.2025 after putting the petitioner, his family members and other interested parties /rival claimants on notice and after hearing the petitioner, his family members and other interested parties/rival claimants if any, and after affording an opportunity of personal hearing within the time frame to be fixed by this court .

5. In view of the same, taking into consideration the facts and circumstances of the case and the limited relief sought for in this Writ Petition, there shall be a direction to the Respondents to consider the petitioner's

representations dated 16.04.2025 and 13.05.2025 , on its own merits and pass appropriate orders in accordance with law, after putting the petitioner, his family members and any other interested person/rival claimants, if any, on notice and after affording a reasonable opportunity of hearing to the petitioner, his family members and any other interested persons/rival claimants, if any within a period of 8 weeks from the date of uploading of the web copy without waiting for the receipt of certified copy of this order. It is made clear that this Court has not expressed any views with regard to the merits of the application and the concerned respondent shall consider the application on its own merits and in accordance with law.

6. The writ petition stands disposed of with the above direction. No costs.

17-06-2025 msr Index:yes/no Internet:yes/no To

1. The Tahsildar Kallakurichi, Kallakurichi District.

2. Village Administrative Officer, Sengodagounder Thottam, Kondampatti Village, Marampatti Post, Uthangarai Taluk.

MOHAMMED SHAFFIQ, J.

msr 17-06-2025 W.P. No.21096 of 2025

MOHAMMED SHAFFIQ, J.

Today, the case is listed under the caption ''for being mentioned'' at the instance of the learned counsel for the petitioner.

2. It is submitted by the learned counsel for petitioner that the writ petition was disposed of vide order dated 17.06.2025 and seeks correction inasmuch as there is mismatch between the address mentioned in the writ petition and the affidavit filed in support of writ petition. Learned counsel for petitioner would seek the following changes in the cause title, that the existing address of the 2nd respondent "2. Village Administrative Officer, Sengodagounder Thottam, Kondampatti Village, Marampatti Post, Uthangarai Taluk." may be replaced with "2.Village Administrative Officer, Ilaiyanarkuppam Village, Vanapuram Taluk, Kallakurichi District" in the order.

3. The learned counsel for respondents submitted that he has no objection to the above submission of the learned counsel for petitioner.

4. Heard both sides.

5. In view of the said submission made by the learned counsel for

petitioner, the cause title in respect of respondent 2 in the order in W.P.No.21096 of 2025 dated 17.06.2025, is substituted with the following: "2. Village Administrative Officer, Ilaiyanarkuppam Village, Vanapuram Taluk, Kallakurichi District."

6. Except the above modification, all other paragraphs made in the earlier order dated 17.06.2025 shall remain intact. Registry is directed to carry out necessary corrections and issue the corrected order copy to the parties forthwith.

11.08.2025 mka MOHAMMED SHAFFIQ, J.

mka

W.P. No.21096 of 2025 11.08.2025