← Library
Madras High CourtWP(MD)/16299/2019disposed of

V.Chandrasekaran v. The Tahsildar

2019-07-23Honourable Mr Justice R. Suresh Kumar3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.07.2019

CORAM

THE HON'BLE MR.JUSTICE R.SURESH KUMAR W.P.(MD)Nos.16299 and 16301 of 2019 V.Chandrasekaran ... Petitioner in W.P.(MD) No.16299/2019 V.Ganapathi Subramanian ... Petitioner in W.P.(MD) No.16301/2019 -VsThe Tahsildar, Ottapidaram Taluk Office, Ottapidaram, Thoothukudi District.

... Respondent Common Prayer: Writ Petitions - filed under Article 226 of Constitution of India, to issue a writ of Mandamus, directing the respondent herein to issue the patta in favour of the respective petitioners in respect of the property comprised in Natham Survey No.315/5 sub division S.No.315/5 admeasuring 2.79 cents and 4.64 cents respectively situated at Vedanatham village, Ottapidaram Taluk, Thoothukudi District on the basis of the petitioners' applications dated 29.09.2018 within the time stipulated by this Court.

For Petitioners : Mr.C.Jeganathan for M/s.Veera Associates For Respondent : Mr.V.Anand, G.A.

COMMON ORDER The prayer in these writ petitions is for a Writ of Mandamus, directing the respondent herein to issue the patta in favour of the respective petitioners in respect of the property comprised in Natham Survey No.315/5 sub division S.No.315/5 admeasuring 2.79 cents and 4.64 cents respectively situated at Vedanatham village, Ottapidaram Taluk, Thoothukudi District on the basis of the petitioners' applications dated 29.09.2018 within the time stipulated by this Court.

2.Heard Mr.C.Jeganathan, learned counsel appearing for the petitioners and Mr.V.Anand, learned Government Advocate appearing for the respondent. Since the prayer in both the writ petitions is one and the same, a common order is being passed.

3.The petitioners in both the writ petitions, in order to get patta in favour of the respective petitioners in respect of the property comprised in Natham Survey No.315/5 sub division S.No.315/5 admeasuring 2.79 cents and 4.64 cents respectively situated at Vedanatham village, Ottapidaram Taluk, Thoothukudi District, which were purchased by them, have made separate applications to the respondent on 29.09.2018 for issuance of patta and necessary fee also has been paid by them. However, the said representations have not been so far considered by the respondent. Therefore, the petitioners in both the writ petitions are before this Court.

4.The learned counsel appearing for both the writ petitioners would submit that, if the said representations dated 29.09.2018 made by the petitioners separately for giving patta in respect of their respective lands duly purchased by them are decided within a time frame, on merits and in accordance with law, the petitioners would be satisfied.

5.I have heard the learned Government Advocate appearing for the respondent, who would submit that, the said request of the petitioners in both the writ petitions dated 29.09.2018 made to the respondent, would be decided on merits within a time frame. 6.Considering the limited scope of the prayer sought for in both the writ petitions and having regard to the said submissions made by both sides, with the consent of both sides, these writ petitions are disposed of, at the admission stage itself, with the following direction:

"The respondent in both the writ petitions is hereby directed to consider the respective representations dated 29.09.2018 made by the petitioners and decide the same, on merits and in accordance with law, and in this regard, an opportunity also can be given to the petitioners before deciding the applications and accordingly, final order shall be passed by the respondent, within a period of 6 weeks from the date of receipt of a copy of this order." 7.With this direction, these writ petitions are disposed of. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar () // True Copy // Sub Assistant Registrar(CS)

To The Tahsildar, Ottapidaram Taluk Office, Ottapidaram, Thoothukudi District.

+2 CC to M/s.VEERA ASSOCIATES, Advocate ( SR-77128,77127[F] dated 24/07/2019 ) +1 CC to M/s.SPL GP ( SR-77171,77170[F] dated 24/07/2019 ) arul Order made in W.P.(MD)Nos.16299 and 16301 of 2019 Dated:

23.07.2019 KM/(06.09.2019) 3P 5C