Madras High CourtWP(MD)/4746/2017disposed of

V.Ganapathy, S/O.Vellandurai v. The Tahsildar

2017-03-21Honourable Mr Justice V. Parthiban2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.03.2017

CORAM

THE HONOURABLE MR.JUSTICE V.PARTHIBAN W.P(MD)No.4746 of 2017 V.Ganapathy ..Petitioner Vs The Tahsildar, Natham Taluk, Dindigul 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 complete the enquiry in pertaining to the proceedings of the respondent in Na.Ka.No.1408/2016/Aa1 dated 06.06.2016 and dispose the same with in a time frame fixed by this Hon'ble Court.

For Petitioner :Mr.T.Vadivelan For Respondent :Mr.D.Muruganantham Additional Government Pleader

O R D E R

The Petitioner has approached this Court seeking a direction to the Respondent to complete the enquiry pertaining to the proceedings of the respondent in Na.Ka.No.1408/2016/Aa1 dated 06.06.2016, and dispose of the same with in a time frame. 2.According to the petitioner, his father purchased the subject property in the year 1987 through the registered sale deed dated 16.07.1987 and at the time of sub-division of the said property it falls in S.F.No.7/3G. But the Revenue Department issued patta in favour of one Karuppiah alone, who is the purchaser of another part, instead of issuing joint patta including the name of the petitioner. In the circumstances, the petitioner submitted a petition before the respondent on 07.03.2016 under Section 10 of the Tamil Nadu Patta Pass Book Act, 1955.

In pursuance of the representation, the respondent initiated proceedings and conducted an enquiry on 11.07.2016. But after an enquiry it appears that no order has been passed on the representation said to have submitted by the petitioner. In the circumstances, the petitioner has approached this Court for issuance of the Writ of Mandamus.

3.Heard Mr.T.Vadivelan, the learned counsel appearing for the petitioner and Mr.D.Muruganantham, the learned Additional Government Pleader appearing for the respondent. https://hcservices.ecourts.gov.in/hcservices/

4.The learned Additional Government Pleader appearing for the respondent would submit that there was a mistake in identification of the names and there was difference between the 'A' Register as well as Patta.

5.In any event, the representation seeking correction in the revenue records has been pending before the respondent. In the circumstances, in view of the limited prayer sought for in the writ petition, the respondent is directed to pass orders on the representation dated 07.03.2016, in pursuance of the enquiry conducted therein and pass a reasoned order giving opportunity to any party interested in the subject property. The decision to be taken should be communicated to the petitioner within a period of four weeks from the date of receipt of a copy of this order. 6.With the above directions, this Writ Petition is disposed of. There is no order as to costs.

Sd/- Assistant Registrar(CS-II) /True Copy/ Sub Assistant Registrar To The Tahsildar, Natham Taluk, Dindigul District.

+1CC to M/S.T.Vadivelan, Advocate, SR.No. 16254 +1CC to the Special Government Pleader SR.No. 16612 W.P(MD)No.4746 of 2017 21.03.2017 sj AM/SV MMS/28.03.2017/2P/4C https://hcservices.ecourts.gov.in/hcservices/