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Madras High CourtWP(MD)/22630/2018dismissed

M.Shahul Hameed, v. The Tahsildar,

2018-11-12Honourable Mrs Justice V.Bhavani Subbaroyan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED 12.11.2018

CORAM

THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN W.P(MD)No.22630 of 2018 M.Shahul Hameed ..Petitioner Vs The Tahsildar, Karaikudi Taluk, Sivagangai District.

..Respondent Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the respondent to mutate the patta in respect of the Petitioner's land in S.No.28/4, Sekkalaikottai Village, Karaikudi Taluk, Sivagangai District by passing orders on the Petitioner's application dated 17.10.2018 within the time stipulated by this Court. For Petitioner :Mr.C.R.Kasi Viswanathan, for M/s.Ajmal Associates For Respondent :Mr.C.M.Mari Chelliah Prabhu Additional Government Pleader

ORDER

The Petitioner has prayed for issuance of a Writ of Mandamus directing the respondent to mutate the patta in respect of the Petitioner's land in S.No.28/4, Sekkalaikottai Village, Karaikudi Taluk, Sivagangai District by passing orders on the Petitioner's application, dated 17.10.2018 within the time stipulated by this Court.

2.Mr.C.M.Mari Chelliah Prabhu, learned Additional Government Pleader takes notice for the respondent. By consent of both parties, the Writ Petition is taken up for final disposal at the admission stage itself.

3.The Petitioner would contend that his father was owning Plot No.20, measuring an extent of 2460 sq.ft in Sekkalaikottai Village, Karaikudi Taluk, Sivagangai District and he died on 20.1.2011 and on the demise of his father, the property devolved on him and he is in possession and enjoyment of the same. The patta in respect of the said land stands in the name of the Petitioner's father's Vendor one Mr.Padmanabha Iyer and the Patta Number is 42. Hence the Petitioner filed an application before the respondent on 17.101.2018 for mutation of patta in his name.

https://hcservices.ecourts.gov.in/hcservices/ 4.The learned Additional Government Pleader appearing for the respondent would point out that in the said application, the survey

number differs and the schedule of the land in the sale deed is also different and no Death Certificate or Legal Heirship Certificate has been produced by the petitioner and the application is bereft of particulars. He would further submit that due to the non-availability of particulars, the authority concerned is not in a position to consider the same.

5.In view of the above said submission, the Writ Petition stands disposed, with liberty to the Petitioner to approach the authorities concerned by attaching necessary documents providing appropriate, and correct particulars by filing a fresh application and the respondent is directed to consider the same in accordance with law. No costs.

Sd/- Assistant Registrar(P&A) /True Copy/ Sub Assistant Registrar(CS-I) To The Tahsildar, Karaikudi Taluk, Sivagangai District.

+1CC to M/s.Ajmal Associates, Advocate, SR.No.95010 +1CC to the Special Government Pleader SR.No. 94966 W.P(MD)No.22630 of 2018 12.11.2018 VSN ES/SKN/RSK/SAR 1/10.12.2018/2P/4C https://hcservices.ecourts.gov.in/hcservices/