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Madras High CourtWP/39155/2024allowed

K.Kumar v. The Tahsildar

2024-12-20Honourable Ms. Justice P.T. Asha5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 20.12.2024

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA W.P.No. 39155 of 2024 K.Kumar

...Petitioner

Vs.

The Tahsildar, Chengalpattu Taluk Office, Chengalpattu.

...Respondent

Prayer: Writ Petition is filed under Article 226 to issue a Writ of Mandamus to direct the respondent to consider the petitioner's representation dated 22.01.2024 seeking for issuance of patta to the petitioner in respect of the properties situated in Kattankulathur Village, Chengalpattu District comprised in Survey Nos.290 (3Acres 31 cents), 291/1 (3Acres 15 Cents) 291/4B (1.50 Acres and 291/4A2A(55 cents) measuring total extent 7 Acres 24 cents. 1/5

For Petitioner :

Mr. B.Manimaran For Respondent :

Mr. M.R.Gokul Krishnan Additional Government Pleader.

O R D E R

The petitioner seeks a mandamus to the respondent to consider the petitioner's representation dated 22.01.2024 seeking for issuance of patta to the petitioner in respect of the subject properties.

2. It is the case of the petitioner that the subject property was originally owned by the petitioner's great grand father. A Re-survey Settlement Register (RSR) of the year 1962 also confirms the same. The petitioner would state that after the demise of his father, the petitioner has been in absolute possession and enjoyment of the subject property and has been regularly paying the property Tax. On 22.01.2024, the petitioner made a representation to the respondent for issuance of patta. However, the application is yet to be processed. 2/5

Therefore, the petitioner is before this Court.

3. Heard the learned counsels on the either side and perused the records.

4. The petitioner's family has been in possession and enjoyment of the subject property and the Re-Survey Settlement Register (RSR) of the year 1962, also confirms the same. Therefore, since the respondent has not performed his statutory duty, a mandamus is issued to the respondent to issue patta, within a period of 6 weeks from the date of receipt of a copy of this order. In case of a rejection, speaking order shall be passed.

4. The Writ Petition is allowed. No costs.

20.12.2024 Index : Yes/No Internet : Yes/No kan 3/5

To The Tahsildar, Chengalpattu Taluk Office, Chengalpattu.

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P.T. ASHA, J, kan W.P.No. 39155 of 2024 20.12.2024 5/5