Junaideen .S.M.A v. The Tahsildar
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.10.2024
CORAM
THE HONOURABLE Ms.JUSTICE P.T.ASHA S.M.A.Junaideen ... Petitioner /vs./ 1.The Tahsildar, Ramanathapuram Taluka, Ramanathapuram District.
2.The Deputy Tahsildar, Ramanathapuram Taluka, Ramanathapuram District.
3.Mohammed Arabi 4.Adam Malik 5.N.Sathik Batcha (R3 to R5 have been impleaded vide order dated 24.10.2024) ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the 2nd respondent to add petitioner 1/6
name and his siblings name in Survey Nos.463/6, 453/2, 462/5, 441/5, 440/5B, 439/1, 401/1, 401/10, 406/5, 409/1, 430/1A, 430/2, 432, 445/3, 452 in Patta No. 7572 situated at Chakkarakottai village, Ramanathapuram District in view of the proceeding of the 1st respondent in Moo.Mu.A7/109/2023 dated 12.01.2024 within the period stipulated by this Court.
For Petitioner : Mr.Karthick Raja for M/S.Ajmal Associates For R1 & R2 : Mr.B.Saravanan Additional Government Pleader
ORDER
The above writ petition has been filed for a Writ of Mandamus to direct the second respondent to add the petitioner and his siblings names in SNos.463/6, 453/2, 462/5, 441/5, 440/5B, 439/1, 401/1, 401/10, 406/5, 409/1, 430/1A, 430/2, 432, 445/3 and 452 in Patta No.7572 at Chakkarakottai village, Ramanathapuram District in view of the proceeding of the first respondent in Moo.Mu.A7/109/2023 dated 12.01.2024.
2. It is the case of the petitioner that the property in question belonged to his forefather, Seenikatti, through whom the petitioner traced title to. The petitioner had approached the Revenue Officials for adding his name and the 2/6
name of his siblings in patta No.7572. However, they had not taken any steps to pass orders on this representation. Therefore, the writ petition.
3. Mr.B.Saravanan, learned Additional Government Pleader appearing on behalf of the respondents 1 and 2 would submit that the departmental action has been taken against the first respondent for issuing the order dated 12.01.2024, since there were several suits pending in respect of the suit survey numbers, nearly 7 in number. Therefore, until the disposal of the suits, the respondents cannot proceed to make any changes in the patta. A detailed counter has also been filed on these lines by the second respondent.
4. Considering the fact that the representation for grant of patta has been made, the Writ Petition stands allowed directing the first respondent to take into consideration the objections of the third respondent, who has now been impleaded as also the petitioner and various suits that are pending before the civil Court and pass appropriate orders within a period of 12 weeks from the date of receipt of a copy of this order. The order shall be passed un-influenced by the recommendation dated 12.01.2024 and on the basis of the documents to be 3/6
submitted.
No costs.
Speaking : Yes / No 24.10.2024 NCC : Yes / No Internet : Yes / No Index : Yes / No mm To 1.The Tahsildar, Ramanathapuram Taluka, Ramanathapuram District.
2.The Deputy Tahsildar, Ramanathapuram Taluka, Ramanathapuram District.
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P.T.ASHA, J.
mm 24.10.2024 6/6