V.Jegadeeshpandiyan v. The Tahsildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.07.2017

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD)No.13092 of 2017 1.V.Jegadeeshpandiyan 2.P.Manikandan 3.G.Marutharasu .. Petitioners Vs.

The Tahsildar, Office of the Tahsildar, Agasthiyar Thirtham, Rameshwaram.

.. Respondent PRAYER:

Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the respondent to consider the representation dated 16.06.2017 and pass appropriate orders by surveying the land with the help of a surveyor and mutate the revenue records and issue independent patta to the petitioners within the time frame by this Court.

For Petitioners : Mr.S.Ramesh For Respondent : Mr.G.Muthukannan, Government Advocate.

ORDER

This writ petition is filed seeking a writ of Mandamus to direct the respondent to survey the land purchased by the petitioners with the assistance of a surveyor and mutate the revenue records and also to issue independent patta to them, based on their representation dated 16.06.2017, within the time stipulated by this Court.

2.Mr.G.Muthukannan, learned Government Advocate takes notice for the respondent.

3.By consent of both the parties, this writ petition is taken up for hearing at the stage of admission itself. 4.Heard both sides.

https://hcservices.ecourts.gov.in/hcservices/ 5.It is averred in the petition that the petitioners jointly purchased 5 cents of land in Survey No.613/1A situates in

Rameshwaram. According to the petitioners, since the name of the original title holder is found place in the revenue records, the petitioners made a representation dated 16.06.2017 to the respondent for measurement, mutation in revenue records as well as issuance of independent patta in respect of the above said land. 6.The learned counsel for the petitioners would submit that it would be suffice, if the representation of the petitioners dated 16.06.2017, is disposed of by the respondent as per law. The learned counsel for the petitioners would also submit that the petitioners undertake to pay the necessary fees for the above said purpose.

7.Considering the limited scope of the relief sought for, this Court, without going into the merits of the petitioners claim, directs the respondent to consider the representation of the petitioners dated 16.06.2017, and take necessary action, if necessary charges are paid by the petitioner and if found fit, after affording due opportunity of hearing to the petitioner, within a period of six weeks from the date of receipt of the charges paid by the petitioners. If any third party will be affected by the nature of the relief sought for by the petitioner or by any order to be passed, the authority shall hear such person to avoid the allegations of violation of principles of natural justice. 8.The writ petition is disposed of as above. No costs. Sd/- Assistant Registrar (W) /True Copy/ Sub Assistant Registrar To The Tahsildar, Office of the Tahsildar, Agasthiyar Thirtham, Rameshwaram.

+ 1 CC TO SPECIAL GOVERNMENT PLEADER IN SR No. 66137 SMN TE/MR-KKR/SAR-I : 31/07/2017 : 2P/3C ORDER MADE IN W.P(MD)No.13092 of 2017 17.07.2017 https://hcservices.ecourts.gov.in/hcservices/