Kaliyamoorthi @ Kaliyaperumal v. The Tahsildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.08.2017

CORAM:

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM W.P.(MD)No.15828 of 2017 Kaliyamoorthi @ Kaliyaperumal ... Petitioner Vs.

The Tahsildar, Kumbakonam Taluk, Kumbakonam, Thanjavur District.

... Respondent PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondent to remove the wrong entry in patta with regard to 5 Ares of the land situated in Thanjavur District, Kumbakonam Taluk, Srinivasanallur Village in Old S.F.No.36/2 and New S.F.No.36/2C and consequently grant patta in the petitioner's name on the basis of his representation dated 29.08.2017.

For Petitioner : Mr.S.Karthick Subramanian For Respondent : Mr.C.Selvaraj Spl. Govt. Pleader

O R D E R

This writ petition is filed seeking for issuance of a Writ of Mandamus directing the respondent to remove the wrong entry in patta with regard to 5 Ares of the land situated at Srinivasanallur Village, Kumbakonam Taluk, Thanjavur District in Old S.F.No.36/2 and New S.F.No.36/2C and consequently grant patta in the petitioner's name on the basis of his representation dated 29.08.2017.

2.Mr.C.Selvaraj, learned Special Government Pleader takes notice for the respondent. By consent, this writ petition is taken up for final disposal at the admission stage itself.

3. According to the petitioner, he belongs to Adi-Dravidar Community. The Government has assigned the land to the extent of 15 Ares in Old S.F.No.36/2 and New S.F.No.36/2C situated at Srinivasanallur Village, Kumbakonam Taluk, Thanjavur District. Since then, he had been in possession and enjoyment of the property. https://hcservices.ecourts.gov.in/hcservices/ 4.The petitioner would state that he entered an agreement with

one Vasantha to sell 10 Acres. Based on the decree passed in O.S.No.411 of 2012 filed by the said Vasantha, a sale deed was executed in favour of her in E.P.No.86 of 2013. Thereafter, the petitioner is in possession of the remaining 5 Acres. 5.The petitioner would further state that when he approached the respondents to get patta, he came to know that a name of one Andal W/o Arivarasu was included in the patta. According to the petitioner, the said Andal has no right over the property. Hence, the petitioner gave a representation on 29.08.2016 to rectify the said mistake. The representation was referred to the respondent by the District Collector, Thanjavur. Thereafter, the petitioner was called for enquiry on 27.02.2016. Since there is no progress in the enquiry, the present writ petition has been filed. 6.

Considering the facts and circumstances of the case, this Court, without going into the merits of the matter, directs the respondent to consider the representation of the petitioner dated 29.08.2016 and pass appropriate orders on merits and in accordance with law, after providing opportunity to all necessary parties, as expeditiously as possible, preferably, within a period of eight weeks from the date of receipt of a copy of this order. 7.With the above direction, this Writ Petition stands disposed of. No costs.

Sd/- Assistant Registrar (CS-III) /True Copy/ Sub Assistant Registrar To The Tahsildar, Kumbakonam Taluk, Kumbakonam, Thanjavur District.

+ 1 CC TO Mr.S.KARTHICK SUBRAMANIAN, ADVOCATE IN SR No. 73979 + 1 CC TO THE SPECIAL GOVERNMENT PLEADER IN SR No. 74700 SKN TE/KK/SAR-II : 12/09/2017 : 2P/4C W.P.(MD)No.15828 of 2017 23.08.2017 https://hcservices.ecourts.gov.in/hcservices/