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Madras High CourtWP/29909/2023disposed of

P.Thavakumar v. The Tahsilar

2023-11-08Honourable Mr Justice P. Velmurugan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.11.2023

CORAM

THE HONOURABLE MR.JUSTICE P.VELMURUGAN P.Thavakumar S/o.Periyannan ... Petitioner versus The Tahsildar Maduravoyal Taluk Maduravoyal Tiruvallur District.

...Respondent

Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, directing the respondent to issue patta in respect of the property situated at Survey No.292, No.83, Nerkundram Village, Saidapet Taluk, Chengalpat - MGR District, Virugambakkam Sub Registration District to an extent of 1597 sq.ft by considering the petitioner's application for patta dated 11.09.2023.

For Petitioner :

Mr.M.Rakhi For Respondent :

Mr.R.P.Murugan Raja Government Advocate Pg.Nos.1/4

O R D E R

This writ petition has been filed for issuance of mandamus directing the respondent to consider the petitioner's application dated 11.09.2023, wherein and whereby, he sought for issuance of patta in respect of the property situated at Survey No.292, No.83, Nerkundram Village, Saidapet Taluk, Chengalpat - MGR District, Virugambakkam Sub Registration District measuring to an extent of 1597 sq.ft.

2. Heard the learned counsel for the petitioner and the learned Government Advocate for respondent.

3. When the matter was taken up for hearing on 16.10.2023, this Court directed the learned Government Advocate for respondent to file counter before the Registry on or before 07.11.2023 but the same has not been filed. This is the lethargic attitude that is being followed by the Government Officials even though the matter is pending before this Court. The learned Government Advocate, who is appearing on behalf of respondent is not acting as officer of the Court and not assisting this Court. After giving the application, the litigants are being run from pillar to post for getting their remedy. Since no fruitful response is forthcoming, the litigants Pg.Nos.2/4

are approaching this Court.

4. However, on a perusal of the case file shows that this writ petition has been filed for mandamus directing the respondent to consider the petitioner's application dated 11.09.2023 for issuance of patta.

5. Since the writ petition has been filed to consider the petitioner's application, this Court directs the respondent to consider the petitioner's application dated 11.09.2023 and pass appropriate orders after affording due opportunity of hearing to the petitioner as well as rival claimants / interested parties, if any. Such exercise shall be done by the respondent within a period of three months from the date of receipt of a copy of this order.

6. With the above directions, this Writ Petition is disposed of. There shall be no order as to costs.

08.11.2023 Speaking/Non-speaking order Index:Yes/No mk Pg.Nos.3/4

P.VELMURUGAN, J.

mk To The Tahsildar Maduravoyal Taluk Maduravoyal Tiruvallur District.

08.11.2023 Pg.Nos.4/4