Madras High CourtWP(MD)/7691/2016disposed of

Ponnusamy, S/O.Pasipadam, v. The Tahsildar,

2016-12-14Honourable Mr Justice K. Ravichandrabaabu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 14.12.2016

CORAM

THE HONOURABLE MR.JUSTICE K.RAVICHANDRA BAABU W.P(MD)No.7691 of 2016 Ponnusamy .. Petitioner vs.

The Tahsildar, Kadavoor, Karur District.

... Respondent PRAYER:

Petition filed under Article 226 of the Constitution of India, praying for the issuance of a writ of Mandamus directing the respondent herein to consider the petitioner's representation, dated 28.3.2016 issue the patta in the name of the petitioner in respect of the land comprised in Survey No.52/3 of an extent of 202.70 sq.metres situated at D.Idayapatti Village, Kadavur Taluk, Karur District within the time stipulated by this Court. For Petitioner : Mr.M.Bindran For Respondent : Mr.T.S.Mohammed Mohideen Additional Government Pleader

O R D E R

The petitioner seeks for a Mandamus directing the respondents to consider his representation, dated 28.03.2016, through which, he sought for issuance of patta in respect of the land comprised in Survey No.52/3 of an extent of 202.70 square metres situated at D.Idayapatti Village, Kadavur Taluk, Karur District. 2.In the counter affidavit filed by the respondent, it is stated that there are some rival claimants in respect of such properties, who are not impleaded as a party respondent in this writ petition. However, as this Court feels that it is for the respondent to consider the representation of the petitioner and pass orders on the same on merits and in accordance with law, after hearing the petitioner as well as rival claimants, if any, non-impleading of those persons as party respondents cannot stand in the way of disposal of the writ petition.

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3.Accordingly, this Writ Petition is disposed of with a direction to the respondent to dispose of the representation of the petitioner, dated 28.03.2016 and pass orders on the same on merits and in accordance with law, after giving due opportunity of hearing to the petitioner as well as rival claimants, within a period of twelve weeks from the date of receipt of a copy of this order. No costs.

Sd/- Assistant Registrar(Writs) /TRUE COPY/ Sub Assistant Registrar To, The Tahsildar, Kadavoor, Karur District.

+1cc to special Government pleader SR no. 80877 Skn RL/SKN/05-01-2017/2p/3c W.P(MD)No.7691 of 2016 14.12.2016 https://hcservices.ecourts.gov.in/hcservices/