C.J.Hemanth v. The Tahsildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.7.2015

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD).No.13254 of 2015 C.J.Hemanth ... Petitioner Vs The Tahsildar, Tahsildar Office, Nilakkottai.

Dindigul District.

... Respondent Prayer:- Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the respondent to consider the petitioner's representation dated 10.06.2015 and to issue separate patta and measure the petitioner's land situated in Survey Nos.609/1 to an extent of two acre and 93 cents and one acre 0.7 cents and 608/3 of an extent of 0.67 cents in Oruthattu Village, Nilakkottai Taluk, Dindigul District within stipulated time.

For Petitioner : Mr.T.R.Subramanian For Respondent : Mrs.S.Chandrasekar Government Advocate

ORDER

The petitioner has come forward with this Writ Petition for the issuance of patta for the lands possessed by him.

2. Mrs.S.Chandrasekar, learned Govt.Advocate takes notice for the respondents.

3. By consent, this Writ Petition itself is taken up for final disposal.

4. The learned counsel appearing for the petitioner would submit that there is no rival claim nor suit is pending as an impediment for the issuance of patta to the lands belonging to the petitioner.

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5. The learned Government Advocate appearing for the

respondents would submit that the representation of the petitioner will be considered on merits and in accordance with law.

6. Though the petitioner has sought for a Mandamus for the issuance of patta, issuing patta is nothing but giving recognition of the lands possessed by the applicant. It is one of the essential documents for sale of the property in question. Hence, while issuing patta to the applicant, the Revenue authorities has to consider each and every aspect involved for the grant of patta, as it may very much affect the innocent owner.

7.

In the case on hand, since the petitioner claims that there is no rival claim nor suit is pending, without going into the merits of the claim made by the petitioner in this Writ Petition, the respondent is directed to pass appropriate orders, on the representation dated 10.06.2015 on merits and in accordance with law, after giving notice to the interested parties, and also after verifying the relevant records as on date, within a period of six weeks from the date of receipt of a copy of this order. The petitioner is directed to enclose a copy of the said representation along with a copy of this order for further follow up by the authorities concerned.

With the above direction, this Writ Petition stands disposed of. No costs.

Sd/- Assistant Registrar (Per.Admn) /True Copy/ Sub Assistant Registrar To The Tahsildar, Tahsildar Office, Nilakottai, Dindigul District.

+ 1 CC TO THE SPECIAL GOVERENMENT PLEADER, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. (SR NO.43406) + 1 CC TO MR.T.R.SUBRAMANIAN, ADVOCATE SR NO.42298 SSM TE:11/08/2015 : 2P/4C W.P(MD).No.13254 of 2015 29.07.2015 https://hcservices.ecourts.gov.in/hcservices/