S. Ravichandran v. The Tahsildar

W.P.(MD)No.12985 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.09.2020

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR W.P.(MD)No.12985 of 2020 S.Ravichandran ... Petitioner Vs.

The Tahsildar, Palani Taluk Dindigul District.

... Respondent Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, directing the respondent to issue patta in favour of the petitioner with regard to the properties in old Survey No.12/2 new Survey No.1/2 comprised in Palani Town, Palani Taluk, Dindigul District, by considering the application of the petitioner dated 14.08.2020 and the reminder representation dated 02.09.2020 within the time frame as may be stipulated by this Court.

For Petitioner : Mr.S.C.Herold Singh For Respondent : Mr.C.Ramesh Special Government Pleader

ORDER

This writ petition is filed to direct the respondent to issue patta in favour of the petitioner with regard to the properties in old Survey No.12/2 new Survey No.1/2, comprised in Palani Town, Palani Taluk, Dindigul District, by considering the application of the petitioner dated 14.08.2020 and the remainder representation dated 02.09.2020.

2.Heard Mr.S.C.Herold Singh, learned counsel appearing for the petitioner and Mr.C.Ramesh, learned Special Government Pleader appearing for the respondent.

3.According to the petitioner, originally, the petition mentioned property in old Survey No.12/2, new Survey No.1/2, comprised in Palani Town, Palani Taluk, Dindigul District, belonged to one Vellusamy, who has executed a Will on 30.09.2014 and thereafter, he died on 15.05.2018. As per the said Will, the petitioner is entitled the said property. In order to get patta in the petitioner's name, he filed an application on 14.08.2020 to the respondent and he has paid the necessary fees also. But, the respondent did not take any steps. Hence, the petitioner sent a https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.12985 of 2020 representation dated 02.09.2020 to the respondent to issue patta in his name. Since no action has been taken, the petitioner is before this Court.

4.The learned Special Government Pleader appearing for the respondent, on instruction, would submit that the petitioner has not produced necessary documents before the respondent to issue patta in the name of the petitioner. If the petitioner produces the necessary documents before the respondent, the same will be considered in accordance with law.

5.The learned counsel appearing for the petitioner has also agreed the submission made by the learned Special Government Pleader appearing for the respondent.

6.Considering the submissions made on either side, this Court, without expressing any opinion on the merits of the case, directs the petitioner to submit the documents if any, before the authority, within a period of two weeks from the date of receipt of a copy of this order. On receipt of such documents, the respondent shall consider the petitioner's application dated 14.08.2020 and pass appropriate orders on merits and in accordance with law, after providing due opportunity to the petitioner as well as the second respondent, within a period of twelve weeks, thereafter. 7.With the above direction, this Writ Petition stands disposed of. No costs.

Sd/- Assistant Registrar (CS-III) // True Copy // / /2020 Sub Assistant Registrar(CS ) Ns 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 The Tahsildar, Palani Taluk Dindigul District.

+1 CC to M/s.GP ( SR-18496[F] dated 30/09/2020 ) W.P.(MD)No.12985 of 2020 https://hcservices.ecourts.gov.in/hcservices/ NR (12.10.2020) 2P 3C 2/2