Pakirisamy v. The Revenue Divisional

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.01.2017

CORAM:

THE HONOURABLE MR.JUSTICE K.RAVICHANDRABAABU W.P.(MD)No.1106 of 2017 Pakirisamy ... Petitioner Vs.

1.The Revenue Divisional Officer, Revenue Divisional Office, Pattukottai, Thanjavur District.

2.The Tahsildar, Peravurani Taluk, Thanjavur District.

3.Mohammed Hanifa ... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a writ of Mandamus directing the 2nd respondent to grant patta based on the petitioner application dated 06.01.2016 in respect of land in survey number 34/18 measuring an extent of 97 cents situated in Thiruvathevan Village, Peravurani Taluk, Thanjavur District, within a stipulated time fixed by this Court.

For Petitioner : Mr.D.R.Murugesan For R1 and R2 :

Mr.T.S.Mohammed Mohideen Additional Government Pleader

O R D E R

The petitioner seeks for grant of patta based on his application dated 06.01.2016 in respect of the land in Survey No.34/18 measuring an extent of 97 cents situated in Thiruvathevan Village, Peravurani Taluk, Thanjavur District. 2.It is seen that there was a dispute between the petitioner and the third respondent, which culminated into passing decree by a civil court.

3.Whether the petitioner is entitled to get patta based on such decree passed by the civil court or not, is for the second respondent to consider and decide, upon the perusal of all the material documents and therefore, this Court, at this stage, is not expressing any view on the claim made by the petitioner. 4.However, as the petitioner's application, dated 06.01.2016, is said to be pending till this date, without expressing any view on the claim made by the petitioner, I only direct the second https://hcservices.ecourts.gov.in/hcservices/

respondent to consider the said application and pass orders on merits and in accordance with law, after giving due opportunity of hearing to the third respondent as well as any other interested third parties. Such exercise shall be done by the second respondent within a period of twelve weeks from the date of receipt of a copy of this orders.

5.The writ petition is disposed of accordingly. No costs. Sd/- Assistant Registrar(RTI) /True Copy/ Sub Assistant Registrar To 1.The Revenue Divisional Officer, Revenue Divisional Office, Pattukottai, Thanjavur District.

2.The Tahsildar, Peravurani Taluk, Thanjavur District.

+1cc to Mr.D.R.Murugesan, Advocate Sr.No. 4034 +1cc to M/S THE SPECIAL GOVERNMENT PLEADER, SR.NO. 4139 rj2 AE/MR VB/07.02.2017/2p/5c W.P.(MD)No.1106 of 2017 24.01.2017 https://hcservices.ecourts.gov.in/hcservices/