S.Shyamala Sukumar Noyal v. The Tahsildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.03.2025

CORAM

THE HONOURABLE MR.JUSTICE P.B.BALAJI S.Shyamala Sukumar Noyal ... Petitioner Vs.

1.The Tahsildar, Trichy East Taluk, Trichy District.

2.Rev.Fr.Francis Jayapathy, Procurator, St.Joseph College, Tiruchirappalli.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the 1st respondent to issue patta in the name of the petitioner, by considering the petitioner's representation, dated 05.08.2024 for property bearing Door No.87, Block No.7, T.S.No.124 measuring an extent of 1442 Sq. Ft situated St. Mary's Thoppu, Kilaothar Street, Teppakulam, Tiruchirappalli Town, Taluk and District within the time stipulated by this Court.

For Petitioner : Mr.A.Aruljenifer For R1 : Mr.C.Satheesh Government Advocate 1/4

O R D E R

The petitioner has filed the present writ petition seeking issuance of writ of mandamus to direct the respondents to consider the petitioner's application, dated 05.08.2024 for issuance of natham patta to the petitioner.

2. Heard the learned counsel for the petitioner and the learned Government Advocate for the 1st respondent.

3. The case of the petitioner is that the petitioner has been in continuous possession and enjoyment of the subject lands which are classified as Government natham lands. The petitioner has therefore sought for issuance of patta by making an application, dated 05.08.2024. It is also seen from the affidavit filed in support of the writ petition that the 2nd respondent, prior to the petitioner's application for patta, has issued a notice calling upon the petitioner to execute a lease agreement with the 2nd respondent as if the petitioner is a tenant under the 2nd respondent. The petitioner has already sent a reply denying any landlord-tenant relationship between the petitioner and the 2nd respondent. According to the petitioner, in view of the mischievous stand taken by the 2nd respondent, petitioner has sought for patta recognizing his possession of 2/4

Government Natham lands.

4. It is brought to the notice of this Court by the learned Government Advocate that the petitioner has not made an online application for patta.

5. Without going into the entitlement of the petitioner or the existence or not of any landlord-tenant relationship between the petitioner and the 2nd respondent, this writ petition is disposed of, directing the petitioner to make an online application within a period of two (2) weeks from date of receipt of copy of this order. On such application being made, the 1st respondent is directed to consider the same and pass orders on merits and in accordance with law, after hearing the petitioner as well as the 2nd respondent, within a period of twelve

(12) weeks thereafter.

6. With the above direction, this Writ Petition stands disposed of. No costs.

26.03.2025 NCC:yes/no Index:yes/no Internet:yes/no gbg 3/4

P.B.BALAJI , J.

gbg To:

The Tahsildar, Trichy East Taluk, Trichy District.

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