Mohammed Maideen v. The Tahsildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.07.2017

CORAM:

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM W.P.(MD)No.13454 of 2017 Mohammed Maideen

...Petitioner

-VsThe Tahsildar, Taluk Office, Pattukkottai, Thanjavur District.

...Respondent

PRAYER:

Writ Petition is filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus,directing the respondent to grant patta in favour of the petitioner in respect of the properties covered under the Family Partition Deed on the basis of the Petitioner's representation dated 01.07.2017 and dispose of the same in accordance with law within the stipulated time.

For Petitioner : Mr.V.Balaji For Respondent : Mr.A.Muthukaruppan Additional Government Pleader.

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ORDER

The prayer sought for in this writ petition for issuance of a Writ of Mandamus, to direct the respondent to grant patta in favour of the petitioner based on his representation, dated 01.07.2017.

2.Heard Mr.V.Balaji learned counsel appearing for the petitioner, Mr.A.Muthukaruppan, learned Additional Government pleader, appearing for the respondent and perused the materials available on record.

3.According to the petitioner, he is entitled for a share in the properties situated in Survey No.235/11 and 12 of Yeripurakarai Village, and Survey Nos.368/3 and 369 of Palanchur Village, as per the family partition entered on 05.06.1988. In that ''A'' Schedule property was allotted to the petitioner. Subsequently, mutation in the revenue records were done. https://hcservices.ecourts.gov.in/hcservices/

4.The learned Counsel submitted that the petitioner sent a representation, dated 01.07.2017 to the respondent requesting him to grant patta based on the partition deed. Since it was not considered, the present Writ petition.

5.Considering the limited prayer sought for in the writ petition, without going into the merits of the case, this Court directs the respondent to consider the representation of the petitioner, dated 01.07.2017 on merits and in accordance with law, after providing opportunities to all the necessary parties within a period of twelve weeks from the date of receipt of a copy of this order.

6.With the above direction, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar(CS-III) /True copy/ Sub Assistant Registrar To The Tahsildar, Taluk Office, Pattukkottai, Thanjavur District.

+1 cc to Mr.V.Balaji , Advocate in SR.No. 66836 +1 cc to The Special Government Pleader in SR.No.67023 smi/msa AE/JC/SAR3/11.08.2017/2P/4C W.P.(MD)No.13454 of 2017 20.07.2017 https://hcservices.ecourts.gov.in/hcservices/