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Madras High CourtWP(MD)/13966/2020disposed of

Paramakudi Vanniyar Uravinmuraiyalarin Podu Sabai v. The Tahsildar

2020-11-19Honourable Mr Justice S. Vaidyanathan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.11.2020

CORAM:

THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN W.P.(MD)No.13966 of 2020 Paramakudi Vanniyar Uravinmuraiyalarin Podu Sabai, Representated by its Secretary, 8/191, Kanagi Street, Paramakudi, Ramanathapuram District.

... Petitioner vs The Tahsildar, Paramakudi Taluk, Paramakudi, Ramanathapuram District.

... Respondent PRAYER: Writ Petition is filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus to direct the respondent to consider and pass orders on the Petitioner's statutory application of the petitioner made under Section 10 of the Tamil Nadu Patta Passbook Act 1983 dated 03.06.2020. For Petitioner :

Mr.M.Mahaboob Athiff for M/s.Ajmal Associates For Respondent :

Mr.K.P.Krishnadoss Special Government Pleader

ORDER

The writ petition has been filed for a mandamus to direct the respondent to consider the application of the petitioner made under Section 10 of the Tamil Nadu Patta Passbook Act 1983 dated 03.06.2020.

2. It is the case of the petitioner that properties comprised in S.Nos.80 to 84, 86 to 92, 95 to 97 and 99 to 105 of Kattuparamakudi Village, Paramakudi Taluk, Ramanathapuram District, stand in the name of one Sundararajan Chettiyar (son of Pazhani Chettiyar). It is submitted that Sundararajan Chettiyar was earlier part of 'Paramakudi Vanniyar Uravinmuraiyalarin Podu Sabai' (hereinafter referred to as 'said Society' for the sake of brevity). It is also submitted that said Society is registered under Societies Registration Act, 1860 vide Registration No.30 of 1973.

3. However, with regard to different survey numbers, the said Society passed a resolution to the effect that properties comprised in various survey numbers have been erroneously shown as 'Vanigavaisiya Trustee Pazhani Chettiyar', whereas, the name of said Society should have been shown. Seeking mutation, the petitioner 1/3

made an application. However, the same was rejected by the respondent. Challenging the same, the petitioner filed W.P.(MD) No.23647/2019 and this Court allowed the said writ petition by quashing the said rejection order and directed the respondent to pass orders in the light of Section 10 of the Tamil Nadu Patta Passbook Act. Thereafter, enquiry has been conducted, patta was given to the petitioner.

4. The learned counsel for writ petitioner submits that for the present survey numbers also, the original patta stands in the name of erstwhile President and therefore, the petitioner preferred an application on 03.06.2020 to mutate the patta entries. However, since no action has been taken on the said representation, the petitioner is before this Court with this writ petition.

5. Heard the learned Special Government Pleader on the above submissions.

6. In view of the above, following the earlier order dated 08.11.2019, this writ petition is disposed of with the following direction:

The writ petitioner is expected to submit the documents in respect of the survey numbers with a copy of the representation along with the resolution passed by the petitioner to support their case.

(b) On resubmission in the aforesaid manner, the respondent shall take up the resubmitted petition along with document/resolution together with supporting documents if any, examine the same on its own merits, in accordance with law and pass order as expeditiously as possible and in any event, within a period of eight weeks from the date of resubmission.

7. The decision taken by the respondent shall be communicated to the writ petitioner under due acknowledgement within seven (7) working days from the date of decision.

8. With the above direction, the writ petition is disposed of. No costs.

Sd/- Assistant Registrar (AD-II) // True Copy // / /2020 Sub Assistant Registrar(CS) RR 2/3

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, Paramakudi Taluk, Paramakudi, Ramanathapuram District.

+1 CC to M/s.GP ( SR-22372[F] dated 20/11/2020 ) Order made in W.P.(MD)No.13966 of 2020 Dated:

19.11.2020 KG(CO) AP(10/12/2020) 3P 3C 3/3