Madras High CourtWP(MD)/2013/2017disposed of

P.Mari Senthil Kannan v. The Tahsildar

2017-02-08Honourable Mr Justice K. Ravichandrabaabu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.02.2017

CORAM

THE HONOURABLE MR.JUSTICE K.RAVICHANDRABAABU W.P.(MD)No.2013 of 2017 P.Mari Senthil Kannan ... Petitioner Vs.

The Tahsildar, Srivaikundam Taluk, Thoothukudi District.

... Respondent Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the Respondent to grant patta to the petitioner's land in Survey No.461/12, Siruthandanallur Village, Srivaikundam Taluk, Thoothukudi District by considering the petitioner representation dated 28.01.2017 with in the period that may be stipulated by this Hon'ble Court. For Petitioner : M/S.M.Natarajan For Respondents : Mr.T.S.Mohammed Mohideen Addl. Government Pleader

ORDER

The petitioner seeks for a Mandamus directing the respondent to grant patta to the petitioner in respect of the land situated at Survey No.461/12, Siruthandanallur Village, Srivaikundam Taluk, Thoothukudi District, by considering his representation dated 28.01.2017.

2.It is seen that the very same petitioner has already filed a writ petition in W.P(MD)No.21133 of 2016 seeking for the very same relief, however, in respect of the land situated at S.No.461/14. It is further seen that an order came to be passed in the said writ petition on 03.11.2016 directing the Tahsildar, Srivilliputhur Taluk, to consider the representation of the petitioner, dated 23.10.2016 and pass orders on the same on merits and in accordance with law. Now the present writ petition is filed by stating that the petitioner has wrongly quoted the survey number in the earlier writ petition as 461/14 instead of 461/12 and therefore, the earlier order passed by this Court may not fetch the result, since the petitioner has quoted the survey number therein wrongly. Therefore, https://hcservices.ecourts.gov.in/hcservices/

the learned counsel appearing for the petitioner submitted that instead of complying with the earlier order passed by this Court on 03.11.2016, the respondent may be directed to consider the petitioner's present representation dated 28.01.2017 wherein he has quoted the correct survey number as 461/12.

3.Considering the above-stated facts and circumstances, this writ petition is disposed of by directing the respondent to consider the representation of the petitioner dated 28.01.2017 for issuance of patta in respect of the land situated at S.No.461/12 Siruthandanallur Village, Srivaikundam Taluk, Thoothukudi District and pass orders on the same on merits and in accordance with law, after hearing the rival claimants, if any. Such exercise shall be done by the respondent within a period twelve weeks from the date of receipt of a copy of this order. In view of the order passed in the present writ petition the respondent is directed not to give effect to the order passed in W.P(MD)No.21133 of 2016 dated 03.11.2016, since it is admitted by the petitioner that he has quoted wrong survey number in the above-said writ petition. No costs. Sd/- Assistant Registrar (CS-II) /True Copy/ Sub Assistant Registrar To The Tahsildar, Srivaikundam Taluk, Thoothukudi District.

+ 1 CC TO SPECIAL GOVERNMENT PLEADER IN SR No. 7246 SKN TE/BS : 20/02/2017 : 2P/3C W.P.(MD)No.2013 of 2017 08.02.2017 https://hcservices.ecourts.gov.in/hcservices/