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Madras High CourtWP/24374/2024disposed of

E.Bala Kumar v. The Tahsildar

2024-08-23Honourable Mr Justice S. Sounthar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.08.2024

CORAM

THE HONOURABLE MR.JUSTICE S. SOUNTHAR E.Balakumar ... Petitioner Vs.

The Tahsildar, Cheyyar Taluk, Cheyyar, Tiruvannamalai District 604 407.

... Respondent Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the respondent herein to issue patta in the name of the petitioner herein in respect of land measuring 0.08 3/4 situated in Tiruvannamalai District, Cheyyar Taluk, Kodanagar Village, Ward A, Block 21, pursuant to the petitioner's online application No.2022/0153/06/003139 dated 02.11.2022. For Petitioner : Mr.A.Immanuel For Respondent : Mr.P.Sathish, AGP Page No.1 of 4

ORDER

This Writ Petition has been filed for the issuance of a Writ of Mandamus, to direct the respondent herein to issue patta in the name of the petitioner herein in respect of land measuring 0.08 3/4 situated in Tiruvannamalai District, Cheyyar Taluk, Kodanagar Village, Ward A, Block 21, pursuant to the petitioner's online application No.2022/0153/06/003139 dated 02.11.2022.

2. Heard both sides. With the consent of both sides, this Writ Petition is disposed of at the admission stage itself.

3. According to the petitioner, the above said property was originally belonged to the petitioner's grandfather Chinnakulandai. In the family partition dated 29.03.1985, the said property was allotted to the father of the petitioner Elumalai. The petitioner's father subsequently died on 10.04.2015. Thereafter, the petitioner's mother and his siblings executed a gift deed in favour of the petitioner in respect of the above mentioned property. Therefore, the petitioner is entitled to the absolute right over the same.

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4. The learned counsel for the petitioner submitted that the petitioner had submitted an online application on 02.11.2022, seeking transfer of patta in his name and the same has not been considered. Subsequently, the petitioner also submitted a representation on 08.04.2024 to the respondent seeking transfer of patta in his name. The same has not been considered. Therefore, the petitioner is before this Court.

5. The learned Additional Government Pleader appearing for the respondent submitted that the online application of the petitioner dated 02.11.2022, will be considered on its own merits within a time fixed by this Court.

6. In view of the same, without going into the merits of the claim made by the petitioner, this Court is inclined to direct the respondent to consider the online application of the petitioner dated 02.11.2022. Page No.3 of 4

S. SOUNTHAR , J.

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7. Accordingly, this Writ Petition is disposed of. The respondent is directed to consider the online application of the petitioner dated 02.11.2022 and pass final order on its own merits, within a period of six weeks from the date of receipt of a copy of this order. No costs. Index : Yes /No 23.08.2024 Speaking / Non-speaking gsk To The Tahsildar, Cheyyar Taluk, Cheyyar, Tiruvannamalai District 604 407.

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