Arun Kumar.G v. The Tahsildar

W.P.[MD]No.4471 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.03.2022

CORAM:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE W.P.[MD]No.4471 of 2022 G.Arun Kumar ... Petitioner Vs.

The Tahsildar, Sivakasi Taluk, Virudhunagar 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 issue patta in favour of the petitioner in respect of the land situated in S.No.1501-2A2B, Keela Thiruthangal Village, Sivakasi Taluk, Virudhunagar District to an extent of 1700.57 sq.ft (158.04 sq.mt) by considering his online application dated 09.12.2021. For Petitioner : Mr.G.R.Satish For Respondent : Mr.D.Sasikumar Additional Government Pleader

O R D E R

*********** This writ petition has been filed for a Mandamus seeking for a direction to the respondent to issue patta in favour of the petitioner in respect of the land situated in S.No.1501-2A2B, Keela Thiruthangal Village, Sivakasi Taluk, Virudhunagar District to an extent of 1700.57 sq.ft (158.04 sq.mt) based on the petitioner's online application dated 09.12.2021, within a time frame to be fixed by this Court.

2.The case of the petitioner is that he is the absolute owner of the aforementioned property having purchased the same under a sale deed dated 14.02.2018 registered as Document No.658 of 2018 on the file of the Sub-Registrar, Sivakasi. The petitioner has filed documents along with this writ petition to show that he is the owner of the aforementioned property. He has also stated in the writ petition that a rival claimant by name Veerammal @ Veeralakshmi filed a Civil suit in O.S.No.110 of 2019 on the file of the District Munsif Court, Sivakasi for permanent injunction against the petitioner in respect of the very same property which came to be dismissed on 02.08.2021. Thereafter, the petitioner has submitted an online application dated 09.12.2021 with the respondent seeking for issuance of patta in his name. Since the said application has not been considered till date, this writ petition has been filed. https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.[MD]No.4471 of 2022 3.Heard Mr.G.R.Satish, learned Counsel for the writ petitioner and Mr.D.Sasikumar, learned Additional Government Pleader who accepts notice on behalf of the respondent.

4.No prejudice would be caused to the respondent if the petitioner's online application is considered on merits and in accordance with law after affording a fair hearing to the petitioner and Veerammal @ Veeralakshmi, who had earlier filed a suit against the petitioner and any other necessary party whom the respondent deems fit to enquire.

5.For the foregoing reasons, this Court directs the respondent to consider the petitioner's online application dated 09.12.2021 seeking for issuance of patta in his name in respect of the land situated in S.No.1501-2A2B, Keela Thiruthangal Village, Sivakasi Taluk, Virudhunagar District, within a period of twelve [12] weeks from the date of receipt of a copy of this order after affording a fair hearing to the petitioner and Veerammal @ Veeralakshmi and any other necessary party whom the respondent deems fit to enquire. 6.With the above direction, this Writ Petition stands disposed of. There shall be no order as to costs.

Sd/- Assistant Registrar(AE) // True Copy // / /2022 Sub Assistant Registrar(CS) MR 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.

To The Tahsildar,Sivakasi Taluk, Virudhunagar District.

+1 CC to M/s.G.R.SATISH, Advocate ( SR-12243[F] dated 15/03/2022 ) +1 CC to M/s.SPL GP ( SR-12141[F] dated 15/03/2022 ) ORDER MADE IN W.P.[MD]No.4471 of 2022 14.03.2022 ck(CO) TR(24.03.2022) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2