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Madras High CourtWP/28344/2024disposed of

M.Mariyan v. The Tahsildar

2024-09-26Honourable Mr Justice S. Sounthar5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.09.2024

CORAM

THE HONOURABLE MR. JUSTICE S.SOUNTHAR W.P No.28344 of 2024 M.Mariyan

...Petitioner

Vs.

1.The Tahsildar Ayanvaram Chennai 600 023.

2.The Deputy Tahsildar Aynavaram Chennai 600 011.

...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the first respondent to consider the petitioner's representation dated 25.06.2024 to issue patta in favour of the petitioner.

For Petitioner : Mr.Ali Hassan Khan For Respondents : Mr.A.M.Ayyadurai for R1&R2 1/5

Government Advocate

O R D E R

The petitioner herein seeks a direction to the first respondent to consider his representation dated 25.06.2024 seeking issuance of patta in his name in respect of the land situated in Old.No.11, New No.10, Peer Shop Lane Siruvallur Village, Chennai in S.No.49/5. The petitioner claims right over the said property under registered a settlement deed executed by the petitioner dated 26.04.2011.

2. It is stated by the petitioner that he filed an application before the first respondent seeking issuance of patta in his name and the same was rejected on technical ground that the petitioner failed to produce the supporting documents. The petitioner submitted another representation on 25.06.2024 seeking issuance of patta.

3. If the earlier order passed by the respondent is one on merits then it is for the petitioner to file an appeal before the Appellate Authority. On 2/5

the other hand, earlier order was on technical ground of the petitioner's failure to produce the supporting documents and hence it is open to the petitioner to seek issuance of patta by producing supporting documents before the first respondent.

4. In such circumstances, the petitioner is directed to submit supporting documents before the first respondent within a period of two weeks from the date of receipt of copy of this order. On such submission of supporting documents, the first respondent shall consider the representation of the petitioner dated 25.06.2024 and pass final orders, on its own merits, within a period of six weeks thereafter.

5. With the above direction, this Writ Petition is disposed of. No costs.

26.09.2024 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order dna 3/5

To 1.The Tahsildar Ayanvaram Chennai 600 023.

2.The Deputy Tahsildar Aynavaram Chennai 600 011.

4/5

S.SOUNTHAR , J.

dna W.P No.28344 of 2024 26.09.2024 5/5