V.Shanmuganathan v. The Tahsildar
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.02.2025
CORAM:
THE HONOURABLE MR JUSTICE P.B. BALAJI V.Shanmuganathan .... Petitioner /Vs./ The Tahsildar, Tahsildar Office, Thiruparangundram, Madurai District.
... Respondent P RAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondent to grant patta for house property situated in Thirupparankundram Village, in Survey No. 945/1 in favour of the petitioner by considering his representation dated 20.06.2024 within the time limit as fixed by this Court. For Petitioner : Mr.N.Tamilmani For Respondent : Mr.B.Saravanan Additional Government Pleader 1/5
ORDER
The petitioner seeks issuance of a Writ of Mandamus to direct the respondent to grant patta for the house property in S.No.945/1, Thirupparankundram Village, based on the petitioner's representation dated 20.06.2024.
2. I have heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing for the respondent.
3. Considering the limited scope of the relief sought for in the writ petition, with the consent of the parties, the writ petition itself is taken up for final disposal.
4. According to the petitioner, the petitioner and his ancestors have been in physical possession and enjoyment of the subject property for more than 100 years. Further, in the year 1918, the FMB was reflecting the name of the petitioner's maternal grandfather Kaveriyapillai 2/5
and ever since the, petitioner's forefathers have been paying taxes to the Government regularly and subsequent of the demise of the petitioner's mother, in and by a partition between the petitioner and his brother, the property was also divided and the petitioner has been in enjoyment of the house property for several years now. Based on the above, the petitioner has made an application for issuance of patta in his name. He seeks disposal of the said representation.
5. The learned Additional Government Pleader appearing for the respondents would submit that in an identical issue pertaining to the same survey number is pending with District Revenue Officer, Madurai and hence the petitioner may be directed to approach the District Revenue Officer, Madurai for suitable orders.
6. Considering the above, the writ petition is disposed of with the following terms:- (i) The petitioner shall make an application to the District Revenue Officer, Madurai within a period of two weeks from the date of receipt of a copy of this order enclosing all relevant documents in 3/5
support of the application for housesite patta. The District Revenue Officer, Madurai shall there on pass orders on the petitioner's application on merits and in accordance with law after considering the long possession and enjoyment of the writ petitioner and pass final orders, within a period of twelve weeks thereafter.
7. With the above direction, the writ petition is disposed of. No costs.
Index : Yes / No NCC : Yes / No 18.02.2025 am To The Tahsildar, Tahsildar Office, Thiruparangundram, Madurai District.
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P.B. BALAJI , J.
am Order made in Dated:
18.02.2025 5/5