Madras High CourtWP(MD)/14079/2020disposed of

P.Sasikala v. The Tahsildar

2020-11-05Honourable Mr Justice S. Vaidyanathan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.11.2020

CORAM:

THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN P.Sasikala ... Petitioner in W.P.(MD) No.14079/2020 R.Chellapandi ... Petitioner in W.P.(MD) No.14083/2020 P.Paramasivam ... Petitioner in W.P.(MD) No.14108/2020 Vs.

The Tahsildar, Tahsildar Office Periyakulam Taluk Theni District.

... Respondent in all W.Ps.

PRAYER in W.P.(MD) No.14079: Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus to direct the respondent to issue the patta to the petitioner for the piece of land having extent of 1200 sq. ft. of the western portion of land having total extent of 8526 sq. ft. in the southern end of the land situated in T.S.No.1119/1A1, Bagavathiamman Kovil Street, ward NO.2 correlating to Old Ward No.3, Periyakulam Municipal Town, Periyakulam Joint Sub Division No.2, Periyakulam Registration District on the basis of the petitioner's online application dated 28.08.2020.

PRAYER in W.P.(MD) No.14083: Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus to direct the respondent to issue the joint patta to the petitioner and his brother for the piece of land having extent of 3849 1/4 sq. ft. of the southern portion of the land having total extent of 8526 sq. ft. in the southern end of the land situated in T.S.No.1119/1A1, Bagavathiamman Kovil Street, ward NO.2 correlating to Old Ward No.3, Periyakulam Municipal Town, Periyakulam Joint Sub Division No.2, Periyakulam Registration District on the basis of the petitioner's online application dated 28.08.2020.

PRAYER in W.P.(MD) No.14108: Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus to direct the respondent to issue the patta to the petitioner for the piece of land having extent of 1970 1⁄2 sq. ft. the eastern portion 1/3

of the Northern portion of land having total extent of 8526 sq. ft. in the southern end of the land situated in T.S.No.1119/1A1, Bagavathiamman Kovil Street, ward NO.2 correlating to Old Ward No.3, Periyakulam Municipal Town, Periyakulam Joint Sub Division No.2, Periyakulam Registration District on the basis of the petitioner's online application dated 27.08.2020. For Petitioners : Mr.R.Shankar Ganesh For Respondents : Mr.M.Muniyasamy (W.P.No.14079) Additional Government Pleader Mr.M.Murugan (W.P.No.14083) Government Advocate Mr.K.P.Krishnadoss (W.P.No.14108) Special Government Pleader COMMON ORDER The petitioners have come forward with these writ petitions for a direction to the respondent to issue patta with regard to their respective lands, on the basis of their online applications dated 27.08.2020 and 28.08.2020 respectively. 2.Since the issue involved in these writ petitions are one and the same, they are heard together and disposed of by means of this common order.

3.The petitioners' case is that from the date of purchase, the petitioners are in peaceful possession and enjoyment of the property in question and they are paying the tax regularly. While so, they approached the respondent for issuance of patta by subdividing the property in question. However, even after their online applications, the said request of the petitioners has not been considered so far. Hence, they are before this Court with these writ petitions.

4. Heard the learned Special Government Pleader, Additional Government Pleader and the Government Advocate appearing for the respondent, who would submit that the online applications submitted by the petitioners would be considered by the respondent.

5. In view of the same, these writ petitions are disposed of by directing the respondent to consider the online applications of the petitioners in accordance with law and decide the same with regard to grant of patta by following the guidelines issued by this Court in W.P(MD)No.7746 of 2020, dated 29.03.2020 for the issuance of patta. The directions therein should be followed without any violation. The respondent Tahsildar shall take a decision at the earliest point of time, within a period of three 2/3

months from the date of receipt of a copy of this order. No costs.

Sd/- Assistant Registrar () // True Copy // / /2020 Sub Assistant Registrar(CS) RR 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, Tahsildar Office Periyakulam Taluk Theni District.

+1 cc to The Special Government Pleader Sr.No.21469, 21485 Orders made in W.P.(MD)Nos.14079, 14083 and 14108 of 2020 Dated:

05.11.2020 VR(CO) KM (18.11.2020) 3P 3C 3/3