Madras High CourtWP(MD)/2577/2022disposed of

Ramakrishnan C v. The Thasildar

2022-02-10Honourable Mr Justice Abdul Quddhose3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.02.2022

CORAM

THE HONOURABLE MR. JUSTICE ABDUL QUDDHOSE C.Ramakrishnan .. Petitioner Vs.

The Tahsildar, Office of the Tahsildar, Sankaran Kovil Taluk, Tenkasi District.

.. Respondent PRAYER: Writ Petition is filed under Article 226 of Constitution of India for issuance of Writ of Mandamus, directing the respondent to issue patta in respect of the property of vacant land plot No.17 measuring to an extent of 170 sq. mtr comprised in Survey No.604/2B2 & Survey No.604/3B situated at Kalappa Kulam Panchayat, Kalappa Kulam, Sankaran Kovil Taluk, Tenkasi District, upon considering the application of the petitioner, dated 04.01.2022 for issuance of patta within the period that may be stipulated by this Court. For Petitioner : Mr.S.Arivazhagan For Respondent : Mr.T.Amjad Khan Government Advocate

ORDER

This writ petition has been filed for Mandamus seeking for a direction to the respondent to issue patta in respect of the property of vacant land bearing plot No.17 measuring to an extent of 170 sq. mtr comprised in Survey No.604/2B2 & Survey No.604/3B situated at Kalappa Kulam Panchayat, Kalappa Kulam, Sankaran Kovil Taluk, Tenkasi District, upon considering the application of the petitioner, dated 04.01.2022 for issuance of patta within a time frame to be fixed by this Court.

2.Heard Mr.S.Arivazhagan, learned counsel appearing for the petitioner and Mr.T.Amjad Khan, learned Government Advocate appearing for the respondent.

3.By consent of both parties, this writ petition is taken up for final disposal at the admission stage itself. 1/3

4.The petitioner has submitted the aforementioned application seeking for issuance of patta in his name for the aforementioned property on 04.01.2022. Admittedly, the said application has not been considered till date. In such circumstances, he has filed this writ petition.

5.No prejudice will be caused to the respondents, if the petitioner's application dated 04.01.2022 seeking for issuance of patta for the aforementioned property is considered on merits and in accordance with law after hearing the necessary parties including the petitioner.

6.The learned Government Advocate on instructions would also submit that the respondent is willing to consider the petitioner's representation.

7.Accordingly, this Court directs the respondent to consider the petitioner's application dated 04.01.2022, seeking for issuance of patta in his name for the vacant land bearing plot No.17 measuring to an extent of 170 sq. mtr. comprised in Survey No.604/2B2 & Survey No.604/3B situated at Kalappa Kulam Panchayat, Kalappa Kulam, Sankaran Kovil Taluk, Tenkasi District, and pass final orders on merits and in accordance with law, after affording a fair hearing to the petitioner and other necessary parties who are having interest over the subject mentioned property, within a period of twelve weeks from the date of receipt of a copy of this order. 8.With the aforesaid directions, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar(AD-I) // True Copy // / /2022 Sub Assistant Registrar(CS) TM Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

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To The Tahsildar, Office of the Tahsildar, Sankaran Kovil Taluk, Tenkasi District.

+1 CC to M/s.SPL.GP ( SR-5761[F] dated 11/02/2022 ) 10.02.2022 MA(CO) TR(21.02.2022) 3P 3C 3/3