Madras High CourtWP(MD)/21076/2016disposed of

A.Jalin Jeba, v. Thasildar,

2016-11-03Honourable Mr Justice V. Bharathidasan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.11.2016

CORAM:

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN Writ Petition(MD)No.21076 of 2016 A.Jalin Jeba ... Petitioner Vs.

Thasildar, Vilavancode Taluk, Kuzhithurai and Post, Kanyakumari District.

... Respondent Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the respondent to issue patta in the name of the petitioner for his property comprised in Re-survey No.779/1U of Unnamalaikadai Village, Vilavancode Taluk, Kanyakumari District based on the settlement deed No.337 of 2008, dated 05.02.2008 of Sub Registrar Office, Palliyadi, Kanyakumari District. For Petitioner : Mr.A.Rajkumar Sen For Respondent : Mr.K.Mahesh Raja Government Advocate

ORDER

Heard the learned counsel for the petitioner and the learned Government Advocate for the respondent. 2.By consent, the Writ Petition itself is taken up for final disposal.

3.The petitioner claims to be the owner of the property comprised in Re-survey No.779/1U of Unnamalaikadai Village, Vilavancode Taluk, Kanyakumari District.

4.According to the petitioner, the above said property originally belongs to his grandfather-Devashagayam Nadar and subsequently, the property devolves upon his parents. Now the petitioner's parents settled the property in favour of the petitioner by way of a registered settlement deed, dated 05.02.2008. After settlement, the petitioner is in possession and enjoyment of the property. The petitioner came to understand that https://hcservices.ecourts.gov.in/hcservices/

in the Patta, his name has been entered along with some other third parties. Hence, he made a representation to the respondent only for deleting the third party name. The said application is pending before the respondent from 18.10.2016. Since no order has been passed, the petitioner has filed the present Writ Petition. 5.In the above circumstances, the respondent is directed to consider the application of the petitioner, dated 18.10.2016 and conduct enquiry and pass appropriate orders, after issuing notice to rival claimants, if any, on merits and in accordance with law within a period of twelve weeks from the date of receipt of a copy of this order.

6.With the above direction, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar(Writ) /True copy/ Sub Assistant Registrar To Thasildar, Vilavancode Taluk, Kuzhithurai and Post, Kanyakumari District. +1 cc to M/s.A.Rajkumar Sen, Advocate in SR.No.65206 +1 cc to The Special Government Pleader in SR.No.65317 ps CSL/SS-2/17.11.2016 :2P/4C W.P(MD)No.21076 of 2016 03.11.2016 https://hcservices.ecourts.gov.in/hcservices/