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Madras High CourtWP/26774/2024disposed of

S.Nagappan v. The Government Of Tamil Nadu

2024-09-12Honourable Mr Justice S. Sounthar6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.09.2024

CORAM

THE HONOURABLE MR.JUSTICE S.SOUNTHAR S.Nagappan ... Petitioner vs.

1.The Government of Tamil Nadu, Rep. by its Principal Secretary, Revenue Department, Fort St. George, Chennai-600 009.

2.The District Collector, Villupuram District.

3.The Tahsildar, Tindivanam, Villupuram District.

... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents particularly the Tashildar, Tindivanam, Villupuram District, the 3rd respondent herein to transfer and issue the patta in respect of the land in Survey No.102/1 old Survey No.35 an extent of 0.59 cents and issue the patta in the name of the 1/6

petitioner forthwith in respect of the aforesaid land in Neikuppi Village, Tindivanam Taluk, Villupuram District based on the application of the petitioner dated 14.08.2024 sent to all the respondents. For Petitioner : Mr.K.Balakrishnan For Respondents : Mr.A.Selvendran Special Government Pleader

O R D E R

The petitioner herein seeks a direction to the 3rd respondent to consider his application dated 14.08.2024 seeking issue of patta in respect of land in Survey No.102/1, Old Survey No.35 with an extent of 59 cents situated in Neikuppi Village, Tindivanam Taluk, Villupuram District.

2. According to the petitioner, the above mentioned property was purchased by Trustees of Sri Muthumariamman Temple, Neikuppi in the year 2009 under Document No.3697/2009 registered on the file of the Sub Registrar, Avarapakkam Village, Tindivanam. It is also stated that the above said property has been in possession and enjoyment of the trustees of the 2/6

temple for the benefit of the temple. The petitioner, as a President of the Board of Trustee, submitted an application dated 14.08.2024 before the respondents seeking issuance of patta. The same has not been considered by the respondents till date. Therefore, the petitioner is before this Court.

3. When the matter is taken up for hearing, the learned counsel appearing for the petitioner submitted that the request of the petitioner for issue of patta is for the benefit of the temple. Therefore, the respondents may consider the application for issuance of patta in the name of the temple. The said statement is recorded.

4. Mr.A.Selvendran, learned Special Government Pleader, who is taking notice for the respondents would submit that the application of the petitioner dated 14.08.2024 will be considered by the 3rd respondent on its own merit and in the light of the statement made by the learned counsel appearing for the petitioner before this Court, within the time fixed by this Court.

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5. In view of the same, without going into the merits of the claim made by the petitioner, this Court is inclined to direct the 3rd respondent to consider the application of the petitioner dated 14.08.2024 and pass final orders on its own merit and in the light of the statement made by the learned counsel appearing for the petitioner and recorded by this Court, within a period of six weeks from the date of receipt of a copy of this order.

6. With the above direction, the Writ Petition stands disposed of. No costs.

12.09.2024 Index : Yes/No Speaking order:Yes/No dm 4/6

To 1.The Principal Secretary, Government of Tamil Nadu, Revenue Department, Fort St. George, Chennai-600 009.

2.The District Collector, Villupuram District.

3.The Tahsildar, Tindivanam, Villupuram District.

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S.SOUNTHAR, J.

dm 12.09.2024 6/6