Madras High CourtWP(MD)/7824/2022disposed of

Ganesamoorthy v. The Commissioner

2022-04-25Honourable Mr Justice Abdul Quddhose3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.04.2022

CORAM:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE and W.M.P.[MD]No.5874 of 2022 Ganesamoorthy ... Petitioner Vs.

1.The Commissioner, Land Administration, 2nd Floor, Ezhilagam, Chepauk, Chennai - 600 005.

2.The Revenue Divisional Officer, Revenue Divisional Office, Kovilpatti, 3.The District Collector, Thoothukudi District, Thoothukudi.

4.The Tahsildar, Ettayapuram, 5.The Deputy Tahsildar, Ettayapuram, ... Respondents P RAYER:

Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the fourth respondent to issue patta for the Survey No.117/3, Bymas No.212 situated at Thappathi, Muthalapuram Post, Ettayapuram Taluk, Thoothukudi District based on my representation dated 23.03.2022 within the time stipulated by this Court.

For Petitioner : Mr.P.Krishnasamy For Respondents : Mr.M.Lingadurai Special Government Pleader

O R D E R

*********** This Writ Petition has been filed for a Mandamus seeking for a direction to the fourth respondent to issue patta in favour of the 1/3

petitioner for the subject property based on the petitioner's representation dated 23.03.2022.

2.As seen from the documents filed along with this writ petition, the petitioner had earlier sought for issuance of patta which has been rejected by the Tahsildar on 26.06.2019. Without challenging the same, the petitioner has filed this writ petition seeking for a Mandamus. The petitioner ought to have challenged the order dated 26.06.2019 passed by the Tahsildar. 3.Learned Counsel for the petitioner seeks permission of this Court to challenge the same in the manner known to the petitioner under law.

4.After recording the submission made by the learned Counsel for the petitioner, this Writ Petition is disposed of by granting liberty to the petitioner to challenge the order dated 26.06.2019 passed by the fourth respondent rejecting the petitioner's application seeking for issuance of patta, in the manner known to the petitioner under law. There shall be no order as to costs. Consequently, the connected miscellaneous petition is closed. Sd/- Assistant Registrar (CS-II) // True Copy // / /2022 Sub Assistant Registrar(CS) MR To 1.The Commissioner, Land Administration, 2nd Floor, Ezhilagam, Chepauk, Chennai - 600 005.

2.The Revenue Divisional Officer, Revenue Divisional Office, Kovilpatti, 3.The District Collector, Thoothukudi District, Thoothukudi.

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4.The Tahsildar, Ettayapuram, 5.The Deputy Tahsildar, Ettayapuram, +1 CC to M/s.SPL.GP. ( SR-21196[F] dated 26/04/2022 ) ORDER MADE IN 25.04.2022 SRK(CO) GC(23.05.2022) 3P 7C 3/3