Kannan v. The Tasildar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.10.2024

CORAM

THE HONOURABLE MR. JUSTICE S. SOUNTHAR W.P No.31968 of 2024 Kannan

...Petitioner

Vs.

1. The Tahsildar, Omalur Taluk, Salem District.

2. Aaigoundar

3. Chinnathambi

4. Bhakiyam

5. Boothammal

6. Mathesh

7. Govinthasami

8. Maheshwari

9. Kuppaye

...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the first respondent herein to survey and demarcate the boundary of the land comprised in Old survey No.51, New Survey No.51/1A3, at Amarakunthi Village, Omalur Taluk, Salem District to an extent of 75 cents and subsequently issue patta in favour of petitioner and petitioner father's other legal heirs. For Petitioner : M/s. R.Pandimeena 1/4

for Mr.C.Deepakkumar For R1 : Mr.A.Selvendran Special Government Pleader

O R D E R

The petitioner herein seeks a direction to the first respondent to survey the property situated in old survey No.51, New Survey No.51/1A3, Amarakunthi Village, Omalur Taluk, Salem District and issue patta in the name of the petitioner and other legal heirs of the petitioner's father.

2. By consent of both the learned counsel appearing for the petitioner as well as first respondent, this writ petition is disposed of at the admission stage itself.

3. It is the case of the petitioner that the above mentioned property was allotted to petitioner's father namely Rajagopal dated 25.05.1979. After death of his father, the petitioner, his mother and his sister are entitled to succeed to the estate of the said Rajagopal as legal heirs. Now, the petitioner submitted on-line application dated 21.12.2022 seeking survey of the land and issuance of patta and the same has not been considered till date. Therefore, the petitioner is before this Court.

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4. Mr.A.Selvendran, learned Special Government Pleader, who takes notice for the first respondent would submit that the on-line application of the petitioner will be considered on its own merits and appropriate orders will be passed.

5. In view of the above submission made by the learned Special Government Pleader, without going into the merits of the claim made by the petitioner, this Court is inclined to issue a direction to the first respondent to consider the on-line application of the petitioner dated 21.12.2022 and pass final orders, after issuing notice to the petitioner and other interested parties, within a period of twelve weeks from the date of receipt of a copy of this order.

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

25.10.2024 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order S. SOUNTHAR, J.

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av To The Tahsildar, Omalur Taluk, Salem District.

W.P No.31968 of 2024 25.10.2024 4/4