Santhanavelu v. The Tahsildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 14.08.2024

CORAM:

THE HONOURABLE MS.JUSTICE P.T.ASHA and W.M.P.(MD) No.16545 of 2024 Santhanavelu .. Petitioner Vs.

1.The Tahsildar, Devakottai Taluk, Devakottai, Sivagangai District.

2.K.Saravanameiyappan .. Respondents Prayer: Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, to direct the 1st respondent to issue separate / individual patta in favour of the petitioner with respect to the land in S.No. 22/4C to the extent of 21 cents situated in Chittanur Village, Devakottai Taluk, Sivagangai District by considering the representation dated 03.08.2024 of the petitioner to the 1st respondent and consequently forbear the 1st respondent to issue Joint Patta in favour of the 2nd respondent and his brothers namely Ganesan and Chinnasamy.

For Petitioner :

Mr.K.Backiyaraj For Respondents :

Mr.B.Saravanan Additional Government Pleader

ORDER

The case of the petitioner, who has filed this writ petition for a mandamus is that he owns lands measuring an extent of 21 cents in S.No. 22/4C in Chittanur Village, Devakottai, Sivagangai District. He had applied for a new patta in his name. The second respondent, suppressing the petitioner's ownership over the said land and by giving a false information, obtained a written statement from the Village Administrative Officer, Chittanur. On the basis of this, the second respondent has filed a writ petition in W.P.(MD) No.16354 of 2024 seeking a joint patta in his name and in the name of his brothers Ganesan and Chinnasamy. This Court, by its order dated 22.07.2024 allowed the writ petition by passing the following order:

"3.The respondent is directed to enquire into the petitioner's representation and dispose it on merits and in accordance with law within a period of twelve weeks from the date of receipt of a copy of this

order. The respondent will put all the interested persons on notice before passing final order. I make it clear that I have not gone into the merits of the matter. It is open to the respondent to pass order one way or the other."

2. Though the petitioner had submitted his application only on 03.08.2024, the learned Additional Government Pleader would submit that enquiry in the above matter is still pending. Therefore, a mandamus is issued to the first respondent to issue notice to the petitioner, hear him and thereafter pass orders within the time frame fixed in W.P.(MD) No. 16354 of 2024.

3. With the above direction, this Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. 14.08.2024 NCC : Yes/No Index : Yes/No Internet : Yes abr

P.T.ASHA, J.

abr To The Tahsildar, Devakottai Taluk, Devakottai, Sivagangai District.

Dated: 14.08.2024