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Madras High CourtWP(MD)/24825/2016disposed of

B.Balaramanan v. The Tahsildar

2016-12-23Honourable Mr Justice S. Vaidyanathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.12.2016

CORAM

THE HON'BLE MR.JUSTICE S.VAIDYANATHAN W.P.(MD) No.24825 of 2016 B.Balaramanan ... Petitioner Vs.

The Tahsildar, Tiruchendur Taluk, Tiruchendur, Thoothukudi District.

... Respondent Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a writ of Mandamus, directing the respondent to issue patta to the Petitioner's property comprised in Kanam Village, Tiruchendur Taluk, Thoothukudi District covered under the Patta No.505 in S.No.149/2A, Patta No.507 in S.Nos.149/2B, 149/2D, 149/10A, 149/10B, 149/11, 149/12, 149/14A, 149/14B, 149/15A, 149/15B, 149/9, Patta No.1039 in Survey No.147/18, 147/6, Patta No.511 in Survey No.151/11B and Pallipathu Village, Tiruchendur Taluk, Thoothukudi District on the basis of his representations dated 28.10.2016 and 12.09.2016.

For Petitioner : M/s.S.Vinayak For Respondent : Mr.A.K.Baskarapandian Spl.Govt.Pleader

O R D E R

This writ petition has been filed, seeking a direction to the respondent to issue patta to the Petitioners property comprised in Kanam Village, Tiruchendur Taluk, Thoothukudi District covered under the Patta No.505 in S.No.149/2A, Patta No.507 in S.Nos.149/2B, 149/2D, 149/10A, 149/10B, 149/11, 149/12, 149/14A, 149/14B, 149/15A, 149/15B, 149/9, Patta No.1039 in Survey No.147/18, 147/6, Patta No.511 in Survey No.151/11B and Pallipathu Village, Tiruchendur Taluk, Thoothukudi District on the basis of his representations dated 28.10.2016 and 12.09.2016.

2. Heard the learned counsel on either side.

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3. The case of the petitioner is that the Petitioner is in physical possession of the above said property and paying necessary

tax to the Government. While so, the Petitioner's father passed away during the year 1981, leaving behind the Petitioner as one of the legal representative to succeed the above properties. But his name was not included in the computerized patta. In this regard the Petitioner has given representations, dated 28.10.2016 and 12.09.2016. Since the said representations did not evoke any response, the petitioner is before this Court with the relief stated supra.

4.The counsel for the respondent would submit that it is agreeable for the respondent to consider the representation of the petitioner and pass orders thereon.

5.In view of the submission, the respondent is directed to consider the representations of the petitioner, dated 28.10.2016 and 12.09.2016 and to pass appropriate orders on the same on merits and in accordance with law, after affording opportunity of hearing to the rival claimants, if any and also consider the request of the rival claimants under the provisions of Patta Pass-book Act, within a period of three months from the date on which a copy of this order is made ready, preferably on or before 15.3.2017. No costs. Sd/- Assistant Registrar (RTI) /True Copy/ Sub Assistant Registrar To:

The Tahsildar, Tiruchendur Taluk, Tiruchendur, Thoothukudi District.

+ 1 CC TO Mr.S.VINAYAK, ADVOCATE IN SR No. 83374 VSN TE/SKN/SAR-I : 09/01/2017 : 2P/3C W.P.(MD) No.24825 of 2016 23.12.2016 https://hcservices.ecourts.gov.in/hcservices/