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Madras High CourtWP(MD)/5113/2017disposed of

Rajasekar, v. The Tahsildar

2024-03-20Honourable Mr Justice B.Pugalendhi5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.03.2024

CORAM:

THE HONOURABLE MS.JUSTICE B.PUGALENDHI S.Rajasekar ... Petitioner Vs.

The Tahsildar, Tahsildar Office, Ariyamangalam Region, Trichy.

... Respondent Prayer :- Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, directing the respondent to issue the separate patta in favour of the petitioner for Plot No.78 to the extent of 3 cents situated in New Survey No.258/2A2, Old Survey No. 217B/2A2, Ariyamangalam Village, Trichy Taluk, Trichy District in the light of the order passed by Assistant Director, Land Survey and records Department, Trichy dated 08.07.1997 by considering his representation dated 03.01.2017.

For Petitioner : Mr.K.Sivabalan For Respondent : Mrs.D.Farjana Ghousia Special Government Pleader

ORDER

The petitioner has filed this writ petition for a mandamus directing the respondent to issue the separate patta in favour of the petitioner for Plot No.78 situated in New Survey No.258/2A2, Old Survey No. 217B/2A2, Ariyamangalam Village, Trichy Taluk, Trichy District, by considering his representation dated 03.01.2017.

2. The learned counsel for the petitioner submits that the subject land in Plot No.78 was originally allotted to one ponnurangam on assignment. On the appeal filed by the petitioner before the Assistant Director of Land Survey and Records Department, Tiruchirappali, the order was passed in his favour. Based on the same, the petitioner has approached the respondent for grant of patta and the same was not granted till date. Therefore, the petitioner has filed this writ petition.

3. The learned Special Government pleader appearing for the respondent submits that based on the representation made by the petitioner, an enquiry is going to be conducted.

4. In view of the fact that based on the petitioner's representation, the respondent is intending to conduct an enquiry, this Writ Petition is disposed of with a direction to the petitioner to produce all relevant documents before the respondent on 04.04.2024 and the respondent shall conduct a proper enquiry and pass further orders on merits and in accordance with law, within a period of twelve weeks therefrom. No costs.

20.03.2024 NCC : Yes/No Index : Yes/No Internet : Yes/No cp Note: Issue order copy on 01.04.2024 To The Tahsildar, Tahsildar Office, Ariyamangalam Region, Trichy.

B.PUGALENDHI,J cp

Dated: 20.03.2024