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Madras High CourtWP(MD)/5366/2019disposed of

V.Lakshmanan, v. The State Rep. By

2019-06-25Honourable Mr Justice R. Suresh Kumar3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.06.2019

CORAM:

THE HONOURABLE MR.JUSTICE R.SURESH KUMAR W.P.(MD)No.5366 of 2019 V.Lakshmanan ... Petitioner Vs.

1.The State rep. By The Tahsildar, Authoor Taluk Dindigul District.

2.Vellaiammal 3.Kuppayee Ammal ... Respondents PRAYER : Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus to direct the 1st respondent to grant patta to the petitioner for the properties situated in Survey Nos.190/2, 190/4, 190/6, 190/1A, 198 and 157/2 in Veerakkal Village, Authoor Taluk, Dindigul District on the basis of his representation dated 30.10.2018. For Petitioner :Mr.S.Karthick Subramanian For Respondents :Mr.C.M.Mari Chelliah Prabhu Addl. Government Pleader Mr.Sarvagan Prabhu for R2 and R3

ORDER

The prayer in the Writ Petition is for a Writ of Mandamus to direct the 1st respondent to grant patta to the petitioner for the properties situated in Survey Nos.190/2, 190/4, 190/6, 190/1A, 198 and 157/2 in Veerakkal Village, Authoor Taluk, Dindigul District by considering his representation dated 30.10.2018. 2.I have heard the learned counsel for the petitioner, the learned Additional Government Pleader appearing for the first respondent and the learned counsel for the respondents 2 and 3.

3. In order to get patta for the land at S.Nos. 190/2, 190/4, 190/6, 190/1A, 198 and 157/2 in Veerakkal Village, Authoor Taluk, Dindigul District, the petitioner has given a representation to the first respondent on 30.10.2018 and the said

representation, since has not been considered, the petitioner is before this Court with this writ petition.

4. The learned counsel appearing for the second and third respondents submits that, there is a dispute between the petitioner and the respondents 2 and 3 with regard to the claim of patta for the said lands. Hence, if at all the Tahsildar has to decide issuance of patta for the said lands, the same can be decided, after hearing the second and third respondents also, apart from the petitioner, the learned counsel contended.

5. The learned Additional Government Pleader appearing for the first respondent would submit that, after hearing the petitioner as well as the contesting respondents herein, necessary orders with regard to the plea for grant of patta to the petitioner will be considered and an order to that effect would be passed.

6. Considering the said submission made by the learned counsel for the parties, this Court is inclined to dispose of this writ petition, with the following direction:

"That the first respondent is hereby directed to consider the representation of the petitioner dated 30.10.2018 with regard to his plea for grant of patta of the said lands and decide the same on merits and in accordance with law, of course, after hearing both the petitioner as well as the respondents 2 and 3 by giving notice of being heard and pass final orders thereon within a period of eight weeks from the date of receipt of a copy of this order."

No costs.

Sd/- Assistant Registrar // True Copy // Sub Assistant Registrar(CS ) RR To The Tahsildar, Authoor Taluk Dindigul District.

+1cc to M/S., SPECIAL GOVERNMENT PLEADER, Sr.No. 71514 +1cc to M/S.S.SARVAGAN PRABHU ,Advocate,Sr.No.71533 +1cc to M/S.S.KARTHICK SUBRAMANIAN ,Advocate,Sr.No.71757 W.P.(MD)No.5366 of 2019 25.06.2019 BUC(11.07.2019) 3P 5