Madras High CourtWP(MD)/21227/2024allowed

Manikandan v. The Tahsildar

2024-09-06Honourable Ms. Justice P.T. Asha4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.09.2024

CORAM:

THE HONOURABLE MS.JUSTICE P.T.ASHA Manikandan .. Petitioner Vs.

The Tahsildar, Office of the Tahsildar, Periyakulam Taluk Office, Theni District.

.. Respondents Prayer: Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, directing the respondent herein to grant patta in petitioner favour in respect of his property comprised in S.No.297/3 of an extent of 5 cents situated at Lalbahadur Sastry Nagar, Periyakulam Taluk, Theni District on the basis of his online application, dated 19.07.2024 within the time stipulated by this Court. For Petitioner : Mr.V.Malaiyendran For Respondent : Mr.D.S.Neduncheziyan Government Advocate

ORDER

This writ petition is filed for a mandamus to the respondent to grant patta in favour of the petitioner in respect of his property comprised in S.No.297/3 measuring an extent of 5 cents situated at Lalbahadur Sastry Nagar, Periyakulam Taluk, Theni District on the basis of his online application, dated 19.07.2024.

2. The petitioner has purchased an extent of 5 cents comprised in Survey Nos.297/17 and 297/16 of Tenkarai Village, Periyakulam Taluk, Theni District under registered sale deeds, dated 06.02.1995 and 24.01.1997 respectively. The petitioner would submit that he has been in peaceful possession and enjoyment of the same. The property under sale deed, dated, 06.02.1995 was purchased exclusively in the name of the petitioner and the property under dale deed, dated 24.01.1997 was purchased in the name of his wife, namely Ponlakshmi. His wife passed away on 20.12.2008 and the property devolved on the petitioner and his son and daughter. A request for grant of patta had been submitted as early as on 24.12.2022 which has not been considered to date and once again a

representation has been made given on 18.06.2024 which is also not been considered. Hence, this writ petition.

3. Considering the above facts and taking note of the fact that the request has been made as early as in the year 2022, a mandamus is issued to the respondent to consider the representation of the petitioner and issue patta after conducting an enquiry within a period of six (6) weeks from the date of receipt of copy of this order.

4. With the above directions, this Writ Petition stands allowed. No costs.

06.09.2024 NCC : Yes/No Index : Yes/No Internet : Yes gbg To The Tahsildar, Office of the Tahsildar, Periyakulam Taluk Office, Theni District.

P.T.ASHA, J.

gbg 06.09.2024