A. Kajakhan v. The Tahsildar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.07.2025

CORAM:

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ Mr.A.Kajakhan Petitioner(s) Vs The Tahsildar, Annur Taluk Office, Sakthy Main Road, Annur, Coimbatore - 641 653.

Respondent(s) PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the respondent to dispose the petitioner's application dated 28.04.2025 and effect mutation of patta for the lands purchased by me by sub dividing the same. For Petitioner(s) : Mr.R.Narainkalicharan For Respondent(s) : Mr.S.Jayachandran Government Advocate 1/5

ORDER

By consent of learned counsel on both sides, this writ petition is taken up for final disposal at the admission stage itself. 2.The present writ petition is filed praying for a writ of mandamus to direct the respondent to dispose the petitioner's application dated 28.04.2025 and to effect mutation of patta in respect of petitioner's land by sub dividing the same.

3. It is submitted by the learned counsel for petitioners that the petitioner was declared owner of the property in respect of 6/7 shares comprised in S.F.Nos.385/3, 386/3, 386/4, 483/1B, 478/2, 478/6, 479/1 and 484/9, measuring an extent of 5.97 acres, by virtue of a decree for specific performance passed by the Lok Adalat in O.S.No.991 of 2018 dated 08.12.2018. It is submitted that pursuant to above decree, an execution petition was filed in E.P.No.652 of 2019 on the file of II Additional Subordinate Judge, Coimbatore and thereafter Sale Deed was executed in favour of petitioner. It is further submitted that pursuant to the same, petitioner submitted an application dated 28.04.2025 seeking mutation of patta. However, the said application has not been considered by the respondents till date. Aggrieved by the same, the present writ petition has been filed.

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4.At the outset, learned Government Advocate for respondents would submit that they would consider the petitioner's application and pass appropriate orders in accordance with law within the time stipulated by this Court, which was agreed to by the learned counsel for petitioner. 5.In view thereof, there shall be a direction to the respondents to consider the petitioners' application dated 28.04.2025 and pass appropriate orders in accordance with law, keeping in view the revenue records including the online register, within a period of 12 weeks from the date of receipt of a copy of this order, after affording the petitioner a reasonable opportunity of hearing and any other interested parties/rival claimants, if any. It is made clear that this Court has not expressed any views with regard to the merits of the case and it is open to the concerned respondent to consider the case on its own merits and in accordance with law.

6.The writ petition stands disposed of with the above directions. No costs. 01.07.2025 Index : Yes/ No Speaking (or) Non Speaking Order pam 3/5

To The Tahsildar, Annur Taluk Office, Sakthy Main Road, Annur, Coimbatore - 641 653.

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MOHAMMED SHAFFIQ, J.

pam W.P.No.23394 of 2025 01.07.2025 5/5