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Madras High CourtWP(MD)/9080/2021closed

Devathasan.T v. The Tahsildar

2023-09-27Honourable Mrs Justice S.Srimathy4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.09.2023

CORAM

THE HONOURABLE MRS.JUSTICE S.SRIMATHY T.Devathasan ... Petitioner Vs.

The Tahsildar, Vilathikulam Taluk, Thoothukudi District.

... Respondent PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondent to include the name of the petitioner in the joint patta vide patta No.263 pertaining to the land in survey No.256/1 of Vembaar Village, Vilathikulam, Thoothukudi District by affording opportunity to the other title holders as found in the patta No.263.

For Petitioner : Mr.C.M.Arumugam For Respondent : Mr.R.Suresh Kumar Additional Government Pleader ***** 1/4

O R D E R

This writ petition is filed for writ of Mandamus, directing the respondent to include the name of the petitioner in the joint patta vide patta No. 263 pertaining to the land in survey No.256/1 of Vembaar Village, Vilathikulam, Thoothukudi District by affording opportunity to the other title holders as found in the patta No.263.

2.The learned Additional Government Pleader appearing for the respondent submitted that pending writ petition, the respondent has considered the petitioner's case and has already included the petitioner's name in the joint patta. This is evident in the instructions, dated 26.09.2023. When the land is a larger extent, the petitioner has sold a portion to some company, but the respondent has entered the company's name in the patta. However, left out the petitioner's name from the patta. Therefore, the petitioner is seeking to include the petitioner's name and issue joint pattta. Since the same is already granted, nothing survives for adjudication.

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3.Hence, the writ petition is closed. No costs. The petitioner has also filed O.S.No.15 of 2015 on the file of District Munsif Court, Vilathikulam. The Civil Court is directed to consider the civil suit as per law. 27.09.2023 NCC : Yes/No Index : Yes / No Internet : Yes/ No Tmg To The Tahsildar, Vilathikulam Taluk, Thoothukudi District.

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S.SRIMATHY, J.

Tmg 27.09.2023 4/4