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Madras High CourtWP(MD)/4363/2022disposed of

Arockia Prabu v. The Tahsildar

2022-03-11Honourable Mr Justice Abdul Quddhose2 pages

W.P.[MD]No.4363 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.03.2022

CORAM:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE W.P.[MD]No.4363 of 2022 Arockia Prabu, Correspondent of Heart of Jesus Society.

... Petitioner /Vs./ The Tahsildar, Taluk Office, Dindigul East Taluk, Dindigul District.

... Respondent P RAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondent to take appropriate action to issue patta for S.No.375/1B3 measuring 29 cents by measuring and subdividing the same situates in Periakkottai Village, Dindigul District by considering the representation dated 03.02.2021 within a period that may be stipulated by this Court. For Petitioner : Mr.N.Mohan For Respondent : Mr.M.Lingadurai Special Government Pleader

ORDER

This writ petition has been filed for a Mandamus seeking for a direction to the respondent to issue patta in favour of the petitioner for the property comprised in S.No.375/1B3 measuring 29 cents situated at Periakkottai Village, Dindigul District, based on the petitioner's representation dated 03.02.2021, within a time frame to be fixed by this Court.

2.According to the petitioner, they are the absolute owners of the aforementioned property. They have submitted an application on 03.02.2021 to the respondent seeking for issuance of patta for the aforementioned property. Since the application has not been considered till date, this writ petition has been filed. 3.Heard Mr.N.Mohan, learned Counsel for the writ petitioner and Mr.M.Lingadurai, learned Special Government Pleader, who accepts notice on behalf of the respondent.

4.The petitioner has produced documents along with this writ petition in respect of the claim that they are the absolute owners of the aforementioned property. It is for the respondent to consider the same on merits and in accordance with law. https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.[MD]No.4363 of 2022 5.The petitioner has submitted a representation on 03.02.2021 seeking for issuance of patta in their name for the aforementioned property. Admittedly, the said representation has not been considered till date.

6.No prejudice would be caused to the respondent, if the representation seeking for issuance of patta is considered on merits and in accordance with law, after affording a fair hearing to the petitioner as well as the rival claimants, if any. 7.Accordingly, this Court directs the respondent to consider the petitioner's representation dated 03.02.2021 seeking for issuance of patta in its name for the property comprised in S.No.375/1B3 measuring 29 cents situated at Periakkottai Village, Dindigul District and pass final orders on merits and in accordance with law, after affording a fair hearing to the petitioner and other necessary parties, whom the respondent deems fit to enquire, within a period of twelve [12] weeks from the date of receipt of a copy of this order.

8.With the above direction, this Writ Petition stands disposed of. There shall be no order as to costs.

Sd/- Assistant Registrar(Records) // True Copy // / /2022 Sub Assistant Registrar(CS) sm To The Tahsildar, Taluk Office, Dindigul East Taluk, Dindigul District.

+1 CC to M/s.SPL GP ( SR-12218[F] dated 15/03/2022 ) order made in W.P.[MD]No.4363 of 2022 Dated: 11.03.2022 sb(CO) TR(28.03.2022) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2