Madras High CourtWP(MD)/21181/2016disposed of

N.Arumugam, v. The Tahsildar

2016-11-04Honourable Mr Justice V. Bharathidasan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:04.11.2016

CORAM:

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN Writ Petition(MD)No.21181 of 2016 N.Arumugam ... Petitioner Vs.

The Tahsildar, Madurai North Taluk, Madurai. ... 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 joint patta in the name of the legal heirs of A.Nachadalingam in the light of the order passed by the District Revenue Officer, Madurai in Ni.Mu.No.39241/2015/G5, dated 09.09.2016 in respect of the property in UDR re-survey No.10/6C to an extent of 50 cents situated at Vilangudi II Bit Village, Madurai North Taluk, Madurai District, within a stipulated time.

For Petitioner : Mr.H.Thayumanasamy For Respondent : Mr.V.Muruganandham, Additional Government Pleader

ORDER

Heard the learned counsel for the petitioner and the learned Additional Government Pleader for the respondent.

2. By consent, the Writ Petition itself is taken up for final disposal.

3. The petitioner has filed this Writ Petition seeking for issuance of a Writ of Mandamus, directing the respondent to issue joint patta in the name of the legal heirs of A.Nachadalingam, who is the father of the petitioner, in the light of the order passed by the District Revenue Officer, Madurai in Ni.Mu.No.39241/2015/G5, dated 09.09.2016, in respect of the property in UDR re-survey No.10/6C measuring to an extent of 50 cents situated at Vilangudi II Bit Village, Madurai North Taluk, Madurai District, within a stipulated time.

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4. According to the petitioner, originally patta stands in the name of his father Nachadalingam. After his demise, his legal heirs are in possession and enjoyment of the property. Subsequently, patta has been wrongly transferred in the name of a third party. Thereafter, on the revision filed by the petitioner, the District Revenue Officer passed an order, dated 09.09.2016, directing the Tahsildar to issue separate patta in the name of the petitioner's father and thereafter, based on the legal heir certificate, to carry out necessary changes in the revenue records. Since the Tahsildhar did not pass any orders, he made a representation to the Tahsildar on 22.09.2016 to issue patta in favour of the legal heirs of A.Nachadalingam. The said application is still pending with the respondent/Tahsildar and no order has been passed so far. Hence, this Writ Petition.

5. In the above circumstances, without going into the merits of the case, the respondent is directed to consider the petitioner's representation, dated 22.09.2016, and pass orders on the same, on merits and in accordance with law after giving notice to all the parties concerned. Such exercise shall be completed within a period of eight weeks from the date of receipt of a copy of this order.

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

Sd/- Assistant Registrar(CS-I) /True Copy/ Sub Assistant Registrar To The Tahsildar, Madurai North Taluk, Madurai.

+1 cc to MR.H.THAYUMANASWAMY, Advocate SR.No.65584 +1 cc to Special Government Pleader SR.No.66272 W.P(MD)No.21181 of 2016 04.11.2016 SMA/GSV-PM/17.11.2016:2P/4C https://hcservices.ecourts.gov.in/hcservices/