Madras High CourtWP(MD)/8039/2023disposed of

Sivasubramanian v. The Zonal Deputy Tahsildar

2023-04-11Honourable Mr Justice C.V. Karthikeyan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:11.04.2023

CORAM

THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN W.P(MD).No.8039 of 2023 Sivasubramanian ... Petitioner Vs The Zonal Deputy Tahsildar, Madurai North Taluk, Madurai.

... 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 consider the Patta Application No. 2023/0103/24/253293 dated 27.02.2023 within time stipulated by this Court.

For Petitioner :Mr. J.Malai Raja, For Respondent :Mr.N.Muthu Vijayan Special Government Pleader 1/4

ORDER

The writ petition has been filed in the nature of mandamus, seeking a direction against the respondent/Zonal Deputy Tahsildar, Madurai North Taluk, Madurai, to consider the application, dated 27.02.2023 filed by the petitioner, seeking patta.

2.It is stated that the petitioner is a beneficiary of the settlement deed, dated 23.02.2023 executed by his father. The settlement deed was registered as Doc.No.1343/2023 in the office of Sub-Registrar, Pothumbu. 3.The learned Special Government Pleader, who appears on behalf of the respondent has stated that objections were received in writing, not only from the relative of the petitioner, but also from an Advocate, on behalf of the relative of the petitioner herein. 4.A direction is given to the respondent to issue notice to the petitioner and also call upon the petitioner to give details of his father, mother, brothers and sisters and issue notices to all of them. Thereafter, he examine the documents, under which the petitioner had obtained title, after giving 2/4

specific care to the contention raised by the objectior. If there is no objection, he may proceed to issue patta. If there any objection is raised, then the same may be noted and a report may be filed giving reasons for not issuing the patta, since the respondent cannot decide title of the property. The petitioner can resolve the issue of title only before the competent authority. 4.With the above directions, this Writ Petition is stands disposed. No costs.

11.04.2023 NCS :Yes/No Index :Yes/No Internet:Yes/No PNM To The Zonal Deputy Tahsildar, Madurai North Taluk, Madurai.

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C.V.KARTHIKEYAN,J.

PNM ORDER IN W.P(MD).No.8039 of 2023 11.04.2023 4/4