Madras High CourtWP(MD)/19114/2021disposed of

Surulirajan.A v. The Thasildhar

2021-11-11Honourable Mr Justice C.V. Karthikeyan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.11.2021

CORAM:

THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN W.P.(MD) No.19114 of 2021 A. Surulirajan ... Petitioner vs.

1. The Tahsildhar Marungapuri Taluk Trichy

2. A. Vadivel ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, to direct the first respondent not to issue separate patta to the second respondent and his wife namely Selvi based on the petitioner's representation dated 27.09..2021 For Petitioner : Mr. S.M.Mohan Gandhi For Respondent : Mr.S.Shanmugavel No.1 Government Advocate

O R D E R

This petition has been filed for a mandamus directing seeking direction to the first respondent namely Tahsildhar, Marungapuri Taluk, Trichy to issue separate patta to the second respondent namely A.Vadivel, who is the younger brother of the petitioner herein and in the name of the wife of the second respondent, Selvi. In this connection the petitioner has given representation on 27.09.2021. The petitioner seeks examination of the representation given by the petitioner.

2. The learned Government Advocate, appearing on behalf of the first respondent, on instructions, would submit that patta had already been issued in favour of the second respondent.

3. The submission given by the learned Government Advocate is disputed by the learned counsel for the petitioner who would contend that, prior to issuance of patta in the name of the second respondent no notice has been served on him. He would also submit that the petitioner was not heard and opportunity was not granted to put forth his documents as legal heir. Further it is the submission of the learned counsel for the petitioner that the patta has been obtained from the respondent behind the back of the petitioner herein.

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4. All these grounds can be taken by the petitioner herein in a separate proceedings since patta had been granted, by questioning such grant of patta in the manner known to law. 5.With the above direction, the Writ Petition stands disposed of. No costs.

Sd/- Assistant Registrar (AD I) // True Copy // / /2021 Sub Assistant Registrar(CS) aav To The Tahsildhar Marungapuri Taluk Trichy +1 CC to M/s.SPL.GP ( SR-34260[F] dated 12/11/2021 ) W.P.(MD) No.19114 of 2021 11.11.2021 SR(CO) SB/SKN (19.11.2021) 2P 3C https://hcservices.ecourts.gov.in/hcservices/