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Madras High CourtWP(MD)/8994/2021disposed of

Senthil.N v. The Thasildhar

2021-04-30Honourable Mr Justice N. Anand Venkatesh2 pages

W.P.(MD).No.8994 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.04.2021

CORAM:

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH W.P.(MD).No.8994 of 2021 N.Senthil ... Petitioner Vs.

1.Tahsildar, South Taluk, Madurai, Madurai District.

2.The Deputy Tahsildar, South Taluk, Madurai District.

... Respondents Prayer: Writ petition is filed under Article 226 of the Constitution of India, for the issuance of Writ of Mandamus, directing the respondents to issue separate patta to the petitioner for the land situated in Survey No.111/3A1C1 for an extent of 4 3⁄4 cents situated at Kallambal Village, Panaiyur Post, Madurai, Madurai District in the light of his representation, dated 02.03.2021 and on the basis of the petition pending before the 1st respondent in petition No.2021/0103/24/155294, within a stipulated time fixed by this Court.

For Petitioner : Mr.S.Balaji For Respondent : Mr.P.Mahendran Additional Government Pleader

ORDER

This Writ petition has been filed for the issuance of Writ of Mandamus, directing the respondents to consider the representation made by the petitioner, on 02.03.2021, wherein, the petitioner has sought for issuance of a separate patta in his name, with respect of the subject property.

2.The case of the petitioner is that he became the owner of the subject property by virtue of a registered settlement deed, dated 31.08.2020. Since there was some mistake in the description of the property, a rectification deed was also subsequently executed and it was registered on 04.09.2020.

3.The petitioner submitted an application on 02.03.2021 to the respondents for issuance of a separate patta. According to the petitioner, the same is pending before the first respondent and no steps have been taken to issue patta in favour of the petitioner. Left with no other option, the present writ petition has been filed before this Court, seeking appropriate directions. https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD).No.8994 of 2021 4.Heard Mr.S.Balaji, learned counsel for the petitioner and Mr.P.Mahendran, learned Additional Government Pleader for the respondents.

5.Taking into consideration the facts and circumstances of the case and the limited relief sought for in this writ petition, there shall be a direction to the first respondent to consider the representation made by the petitioner, on 02.03.2021 and deal with the same on its own merits and in accordance with law and pass orders, within a period of six weeks from the date of receipt of a copy of this order.

6.The petitioner is directed to make a fresh representation to the first respondent along with all the relevant documents and a copy of this order.

7.This writ petition is disposed of with the above directions. No costs.

Sd/- Assistant Registrar (W) // True Copy // / /2021 Sub Assistant Registrar(CS) 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.

TM To 1.Tahsildar, South Taluk, Madurai, Madurai District.

2.The Deputy Tahsildar, South Taluk, Madurai District.

+1 CC to M/s.S.BALAJI, Advocate ( SR-18320[F] dated 03/05/2021 ) +1 CC to M/s.GP ( SR-18397[F] dated 03/05/2 W.P.(MD).No.8994 of 2021 30.04.2021 GS (10.06.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2