Pethi Thirumalai Raja.P v. The Tahsildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.06.2021 CORAM :

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH P.Pethi Thirumalai raja ... Petitioner Vs.

1.The Tahsildar, Office of the Tahsildar, 2.The Firka Surveyor, Koolapandi Firka, ... Respondents Prayer: This Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 1st respondent to issue patta to the petitioner's name for the land in survey No.27/15B, situating at Maranivariyenthal Village, Madurai North Taluk, Madurai District by considering his application in application No.2021/0105/24/291896, dated 20.04.2021, within the time stipulated by tis Court.

For Petitioner : Mr.S.Malaikani For Respondents: Mr.R.Sureshkumar Government Advocate

ORDER

This writ petition has been filed for the issuance of Writ of Mandamus directing the first respondent to consider the application submitted by the petitioner, on 20.04.2021, wherein, the petitioner is seeking for the issuance of patta in his name with respect to the subject property.

2.The case of the petitioner is that his mother purchased the subject property in the name of the petitioner through a registered sale deed, dated 06.01.1992. The further case of the petitioner is that the original survey No.27/15 was subsequently subdivided and a new survey number was assigned as S.No.27/15B. It is stated that the petitioner made an application before the first respondent, seeking for issuance of patta for the subdivided new survey number. 1/3

According to the petitioner, the second respondent also conducted a survey during the first week of May 2021. The grievance of the petitioner is that thereafter, there has been absolutely no progress and left with no other alternative the present writ petition has been filed before this Court, seeking for appropriate directions. 3.Heard Mr.S.Malaikani, learned counsel appearing for the petitioner and Mr.R.Sureshkumar, learned Government Advocate, appearing for the respondents.

4.Taking into consideration the facts and circumstances of this case and the limited relief sought for in this writ petition, there shall be a direction to the first respondent to consider the application submitted by the petitioner, on 20.04.2021 and pass appropriate orders on its own merits and in accordance with law, within a period of six weeks from the date of receipt of a copy of this order. If the first respondent finds that there are any other interested parties in the subject property, notice shall also be issued to them before passing orders.

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

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

Sd/- Assistant Registrar(CS-I) // True Copy // / /2021 Sub Assistant Registrar(CS) TM 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. To 1.The Tahsildar, Office of the Tahsildar, 2/3

2.The Firka Surveyor, Koolapandi Firka, +1 CC to M/s.S.MALAIKANI, Advocate ( SR-20074[F] dated 24/06/2021 ) +1 CC to M/s.SPL GP ( SR-20296[F] dated 25/06/2021 ) Order made in 24.06.2021 PK(CO) TR(02.07.2021) 3P 5C 3/3