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Madras High CourtWP/92/2023disposed of

M.Sarkunam v. The Tahsildar

2023-01-05Honourable Mr Justice R. Suresh Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.01.2023 CORAM :

THE HONOURABLE MR.JUSTICE R.SURESH KUMAR Writ Petition No.92 of 2023 M.Sarkunam ... Petitioner -VsThe Tahsildar, Sholinganallur Taluk, Sholinganallur, Chennai - 600 119.

... Respondent Prayer : Writ Petition under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the respondent to consider the petitioner representation dated 03.11.2022 (requesting them to issue patta for entire extent of the property) within a stipulated time.

For Petitioner : Mr.S.M.Vinodh For Respondent : Mr.Yogesh Kannadasan Special Government Pleader

ORDER

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The prayer sought for herein is for a writ of mandamus directing the respondent to consider the petitioner representation dated 03.11.2022 (requesting them to issue patta for entire extent of the property) within a stipulated time.

2. In respect of the property at S.No.664 situated at Pallikaranai Village, Chengalpet District, it is a claim of the petitioner that the property was purchased by the petitioner on 26.06.1975 through a valid sale deed and thereafter, when patta was applied under the sale deed for the full extent of land, it was rejected. Therefore, in order to get patta for the full extent of property, which according to the petitioner is 2625 sq.ft, the petitioner had given a representation on 03.11.2022. In order to consider the same, the petitioner seeking a direction by way of mandamus to the respondent has filed the present writ petition.

3. Heard Mr.S.M.Vinodh, learned counsel appearing for the petitioner and Mr.Yogesh Kannadasan, learned Special Government Pleader appearing for the respondent.

4. Learned Special Government Pleader appearing for the 2/4

respondent would submit that the said representation would be considered by the respondent and decided on merits and in accordance with law after hearing the petitioner as well as any other third party raised any objection or claim over the property and accordingly, decision would be made within a time frame that may be stipulated by this Court.

5. Considering the said submission made by the learned Special Government Pleader appearing for the respondent and having taken note of the innocuous nature of the prayer sought for in this writ petition, this Court is inclined to dispose of this writ petition with the following order: That there shall be a direction to the respondent to consider the representation of the petitioner dated 03.11.2022 and pass necessary orders thereon on merits and in accordance with law after giving an opportunity of being heard to both the petitioner as well as the private respondent, if any who make claims over the property and the needful shall be undertaken by the respondent within a period of twelve(12) weeks from the date of receipt of a copy of this order.

R. SURESH KUMAR, J.

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mp With this direction, this writ petition is disposed of. No costs. 05.01.2023 Index : Yes/No Speaking order: Yes/No mp To The Tahsildar, Sholinganallur Taluk, Sholinganallur, Chennai - 600 119.

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