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Madras High CourtWP(MD)/17464/2020disposed of

S.Maharajan v. The Tahsildar

2020-12-03Honourable Mr Justice S. Vaidyanathan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.12.2020

CORAM:

THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN W.P.(MD)No.17464 of 2020 S.Maharajan ... Petitioner Vs.

1.The Tahsildar, Radhapuram Taluk Tirunelveli District.

2.The Zonal Deputy Tahsildar, Radhapuram Taluk Tirunelveli District.

... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus to direct the respondents to include the petitioners name in the patta for the properties bearing S.No.596/12 measuring 0.08.0 Hectare S.No.596/13 measuring 0.16.0 Hectare, S.No.12/1 measuring 3.04.0 Hectare, S.No.92/5J1 measuring 0.56.1 Hectare, S.No.92/5J2 measuring 0.00.4 Hectare, S.No.286/4B measuring 0.26.5 Hectare, S.No.286/4C measuring 0.02.0 Hectare, S.No.171/3 measuring 0.34.5 Hectare S.No.82/1A1 measuring 1.00.0 Hectare S.No.82/1A2 measuring 0.19.5 Hectare S.No. 83/1C2A measuring 0.00.5 Hectare S.No.83/1C2B measuring 0.17.0 Hectare S.No.83/2A1 measuring 0.00.5 Hectare S.No.82/2B1 measuring 0.00.5 Hectare S.No.298/1A1 measuring 0.45.0 Hectare S.No.298/1B1 measuring 0.01.5 Hectare of Thiruvambalapuram Village, Radhapuram Taluk, Tirunelveli District and to issue joint patta to the petitioner, based on the petitioner's application dated 27.10.2020 and the petitioner's representation dated 17.11.2020 within the time frame fixed by this Court.

For Petitioner : Mr.R.Subramanian For Respondents : Mr.K.P.Krishnadoss Special Government Pleader

ORDER

The writ petition has been filed for a direction to the respondents to include the petitioners name in the patta for the properties bearing S.No.596/12 measuring 0.08.0 Hectare S.No.596/13 measuring 0.16.0 Hectare, S.No.12/1 measuring 3.04.0 Hectare, S.No.92/5J1 measuring 0.56.1 Hectare, S.No.92/5J2 measuring 0.00.4 Hectare, S.No.286/4B measuring 0.26.5 Hectare, S.No.286/4C measuring 0.02.0 Hectare, S.No.171/3 measuring 0.34.5 Hectare S.No.82/1A1 measuring 1.00.0 Hectare S.No.82/1A2 measuring 0.19.5 Hectare S.No. 83/1C2A measuring 0.00.5 Hectare S.No.83/1C2B measuring 0.17.0 Hectare S.No.83/2A1 measuring 0.00.5 Hectare 1/3

S.No.82/2B1 measuring 0.00.5 Hectare S.No.298/1A1 measuring 0.45.0 Hectare S.No.298/1B1 measuring 0.01.5 Hectare of Thiruvambalapuram Village, Radhapuram Taluk, Tirunelveli District and to issue joint patta to the petitioner, based on the petitioner's application dated 27.10.2020 and representation dated 17.11.2020 within the time frame fixed by this Court.

2.Heard the learned counsel for the petitioner and the learned Special Government Pleader, who takes notice for the respondents. By consent of both sides, this writ petition is disposed of at the stage of admission itself.

3.The petitioner's case is that as per the judgment of this Court dated 15.04.2019, the petitioner is entitled to half share of properties bequeathed by his mother. For want of patta, the petitioner approached the respondents by sending representation dated 17.11.2020. Since the said representation has not been considered, the petitioner is before this Court with the aforesaid prayer.

4. Heard the learned Special Government Pleader, appearing for the respondent, who would submit that the representation submitted by the petitioner would be considered by the respondents.

5. In view of the same, the writ petition is disposed of by directing the respondents to consider the representation of the petitioner in accordance with law and decide the same with regard to grant of patta by following the guidelines issued by this Court in W.P(MD)No.7746 of 2020, dated 29.03.2020 for issuance of patta. The directions therein should be followed without any violation. The respondent Tahsildar shall take a decision at the earliest point of time, within a period of three months from the date of receipt of a copy of this order. No costs.

Sd/- Assistant Registrar (AD-II) // True Copy // / /2021 Sub Assistant Registrar(CS) RR Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned. 2/3

To:

1.The Tahsildar, Radhapuram Taluk Tirunelveli District.

2.The Zonal Deputy Tahsildar, Radhapuram Taluk Tirunelveli District.

+1 CC to M/s R.Subramanian,Advocate,in SR.No.24039. +1 CC to Special Government Pleader SR.No.24277. Orders made in W.P.(MD)No.17464 of 2020 Dated:

03.12.2020 (PU)CO AP(19/01/2021) 3P 5C 3/3