Madras High CourtWP(MD)/3520/2017disposed of

N.Shahul Hameed v. The Tahsildar

2017-02-28Honourable Mr Justice K. Ravichandrabaabu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.02.2017

CORAM:

THE HONOURABLE MR.JUSTICE K.RAVICHANDRABAABU W.P.(MD)No.3520 of 2017 N.Shahul Hameed ... Petitioner Vs.

The Tahsildar, Thovalai Taluk, Thovalai, Kanyakumarai 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 mutate the patta in respect of the lands subject matter of patta No.1409, in Survey No.17/12, Boothapandi village, Thovalai Taluk, Kanyakumari District standing in the name of the petitioner's late mother, in favour of the petitioner and his siblings by considering his representation, dated 20.06.2016 within a stipulated time to be fixed by this Court. For Petitioner :

Mr.M.Mahaboob Athiff for M/S.Ajmal Associates For Respondent :

T.S.Mohammed Mohideen Additional Government Pleader

O R D E R

The petitioner seeks for a direction to the respondent to mutate the patta in respect of the lands subject matter of patta No.1409, in Survey No.17/12, Boothapandi village, Thovalai Taluk, Kanyakumari District standing in the name of the petitioner's late mother, in favour of the petitioner and his siblings, on the basis of the representation, dated 20.06.2016 2.Needless to say that it is for the respondent to consider the request of the petitioner and pass orders on merits and in accordance with law, after giving due opportunity of hearing to the rival claimants, if any. Therefore, this Court, at this stage, is not expressing any view on the claim made by the petitioner. https://hcservices.ecourts.gov.in/hcservices/ 3.Accordingly, this writ petition is disposed of by directing the respondent to pass an order on the representation of the

petitioner dated 20.06.2016, on merits and in accordance with law, after giving due opportunity of hearing to rival claimants, if any. Such exercise shall be done by the respondent, within a period of twelve weeks from the date of receipt of a copy of this order. No costs.

Sd/- Assistant Registrar(CSIII) /True Copy/ Sub-Assistant Registrar To The Tahsildar,Thovalai Taluk, Thovalai, Kanyakumarai District.

+1 cc to SPECIAL GOVERNMENT PLEADER, SR NO.11196 +1 cc to M/S.Ajmal Associates SR.No.11428 pmu MAS/MR:16.03.2017:2P-4C W.P.(MD)No.3520 of 2016 28.02.2017 https://hcservices.ecourts.gov.in/hcservices/