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Madras High CourtWP/34338/2024allowed

R.Ezhilarasu v. The Tahsildar

2024-11-21Honourable Ms. Justice P.T. Asha3 pages

In the High Court of Judicature at Madras Dated : 21.11.2024 Coram :

The Honourable Ms.Justice P.T.ASHA Writ Petition No.34338 of 2024 R.Ehilarasu

...Petitioner

Vs The Tahsildar, Mettur Taluk, Mettur, Salem District.

...Respondent

PETITION under Article 226 of The Constitution of India praying for the issuance of a Writ of Mandamus directing the respondent to issue patta in favour of the petitioner by considering the petitioner's representation dated 11.5.2023 and pass appropriate orders within a time frame to be fixed by this Court.

For Petitioner :

Mr.C.Munusamy For Respondent :

Mr.A.Selvendran, SGP

ORDER

Aggrieved by the inaction on the part of the respondent to consider the petitioner's representation dated 11.5.2023 for the grant of patta, this writ petition has been filed.

2. Heard the learned counsel for the petitioner and the learned Special Government Pleader accepting notice for the respondent. 1/3

3. The petitioner claims that he acquired the properties in T.S.No.6/17, Block No.70, Ward A to an extent of 3238.5 sq.ft along with building and T.S.No.6/17, Block No.70, Ward A to an extent of 1975 sq.ft along with building, Murugan Temple South Area, Mettur Municipality, Mettur Sub-Registration District, Salem West Registration District, Salem District by way of a registered gift deed executed by his father dated 13.8.2010 vide doc.No.1506 of 2010 on the file of the Sub-Registrar, Mettur. When he applied to the respondent for the grant of patta, no steps were taken. Hence the writ petition.

4. Considering the limited nature of the relief that is sought for and also taking note of the fact that the respondent has failed to perform his statutory duty by not considering the petitioner's representation given as early as 11.5.2023 to date, the writ petition is allowed and a Mandamus is issued to the respondent to consider the representation of the petitioner dated 11.5.2023 and pass appropriate orders after giving a personal hearing to the petitioner. The above exercise shall be completed within a period of six weeks from the date of receipt of a copy of this order. It is made clear that in case of rejection, the respondent shall pass a speaking order. No costs. 21.11.2024 2/3

P.T.ASHA,J RS To The Tahsildar, Mettur Taluk, Mettur, Salem District.

21.11.2024 3/3