Nambi N.Ganesan v. The Tahsildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED 11.01.2024

CORAM

THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN W.P(MD)No.668 of 2024 Nambi N.Ganesan

...Petitioner

/Vs./ The Tahsildar, Paramakudi, Ramanathapuram District.

...Respondent

Prayer: Writ Petition - filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondent to mutate the Patta in the name of the petitioner and his two brothers in respect of the property bearing Door No.4/112, Bharathiyar Street, Emaneswaram, Paramakudi, Ramanathapuram District by considering the petitioner's representation dated 16.10.2023.

For Petitioner : Mr.G.Prabhu Rajadurai For Respondent : Mr.D.Gandhiraj Special Government Pleader 1/4

ORDER

This writ petition has been filed seeking for issuance of Writ of Mandamus, directing the respondent to mutate the patta in the name of the petitioner and his two brothers in respect of the property bearing Door No. 4/112, Bharathiyar Street, Emaneswaram, Paramakudi, Ramanathapuram District by considering the petitioner's representation dated 16.10.2023.

2. Heard the learned counsel appearing for the petitioner and the learned Special Government Pleader, who takes notice for the respondent. By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself.

3. The case of the petitioner is that the subject property was originally belonged to the petitioner's great grandfather and after his demise, it was devolved upon the petitioner and his two brothers. The petitioner sent a representation seeking for mutation of patta. Since the same has not been considered till date, the present writ petition has been filed.

4. The learned Special Government Pleader appearing for the respondent on written instructions submits that the petitioner's application has been 2/4

received by the respondent on 15.11.2023. He further submits that the town surveyor will conduct enquiry and submit his report. Based on the said report and all the relevant documents, appropriate action will be taken on the application of the petitioner. He has also produced the written instructions received from the respondent.

5. Considering the submission made by the learned Special Government Pleader, this Court directs the concerned town surveyor, Emaneswaram / Paramakudi, to conduct enquiry after affording due opportunity of hearing to the parties concerned and to submit his report within a period of four weeks from the date of receipt of a copy of this order. Based on the said report and the relevant documents, the respondent shall consider the application of the petitioner and pass appropriate orders on merits and in accordance with law, within a period of twelve (12) weeks from the date of receipt of the report received from the concerned Town Surveyor.

6. With the above directions, this writ petition is disposed of. No costs. 11.01.2024 NCC : Yes/No Index : Yes/No Internet:Yes/No 3/4

V.BHAVANI SUBBAROYAN, J.

sm TO:- 1.The Tahsildar, Paramakudi, Ramanathapuram District.

2.The Town Surveyor, Emaneswaram / Paramakudi.

Order made in W.P(MD)No.668 of 2024 Dated:

11.01.2024 4/4