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Madras High CourtWP(MD)/21267/2014disposed of

M.Sakthivel v. The Tahsildar,

2014-12-23Honourable Mr Justice M. Venugopal2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.12.2014

CORAM:

THE HONOURABLE MR.JUSTICE M.VENUGOPAL W.P.(MD)No.21267 of 2014 M.Sakthivel ... Petitioner Vs.

The Tahsildar, Taluk Office, Kulathur at Keeranur, Pudukkottai District. ... Respondent PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the Respondent to consider the representation of the Petitioner, dated 13.09.2014. For Petitioner : Mr.D.Senthil For Respondent : Mr.M.Rajarajan, Government Advocate

O R D E R

Heard the Learned Counsel for the Petitioner and the Learned Government Advocate for the Respondent.

2. The Learned Government Advocate appearing for the Respondent brings it to the notice of this Court that the patta stands in the name of one Sangilimuthu. However, it transpires that the Petitioner has filed the present Writ of Mandamus praying for passing of an order by this Court in directing the Respondent to consider his representation, dated 13.09.2014, to issue patta in his favour. He also claims that the entire revenue records are in his Grandfather's name and the Legal Heirs of Tulasik Kolar have not taken any steps to change patta in their name. Significantly, the Petitioner in paragraph No.4 of the Writ affidavit has clearly made mention that during the month of July, 2014 one Sangilimuthu executed the settlement deed in the name of his wife, in respect of the property which belong to him.

3. The real grievance of the Petitioner appears to be that his Grandfather's name was not in the revenue records and some new persons, who are all no way connected with, are included in the patta.

4. On a careful consideration of respective contentions and in view of the fact that the Petitioner has only sought for a limited relief from this Court praying for passing of an order in directing the Respondent to consider his representation, dated 13.09.2014, at this stage, this Court simpliciter without going into the merits and demerits of the contents of the representation so made by the Petitioner, in the interest of justice, fair play on equitable considerations and on balance, directs the Respondent to look into the representation of the https://hcservices.ecourts.gov.in/hcservices/

Petitioner, dated 13.09.2014, in a fair, just, practical, purposeful, pragmatic and dispassionate manner and to pass a reasoned speaking order, on merits uninfluenced and untrammelled with any of the observations made by this Court in the present Writ Petition, within a period of six weeks from the date of receipt of a copy of this order(Ofcourse after providing necessary opportunity to the petitioner and others concerned if any by adhering to the principles of natural justice). With the aforesaid observations and directions, the Writ Petition stands disposed of. No Costs.

Sd/- Assistant Registrar (CO) /True copy/ Sub Assistant Registrar To The Tahsildar, Taluk Office, Kulathur at Keeranur, Pudukkottai District.

+1cc to MR.D.SENTHIL, ADVOCATE IN SR : 68725 Pm SR : 06.01.2015 : 2p/3c W.P.(MD)No.21267 of 2014 23.12.2014 https://hcservices.ecourts.gov.in/hcservices/