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Madras High CourtWP(MD)/1859/2016disposed of

A. Athisayam @ Athisayaraj, v. The Revenue Divisional Officer

2023-02-10Honourable Mr Justice B.Pugalendhi5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.02.2023

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI A.Athisayam @ Athisayaraj ... Petitioner versus

1. The Revenue Divisional Officer, Revenue Divisional Office, Usilampatti, Madurai District.

2. The Tahsildar, Taluk Office, Peraiyur Taluk, Peraiyur, Madurai District.

... Respondents Writ Petition filed under Article 226 of the Constitution of India, seeking for the issuance of writ of Mandamus, to direct the Tahsildar, the 2nd respondent herein to consider the petitioner's representation dated 27.11.2015 for taking appropriate action to grant joint patta in comprising S.No.151/9 in Thirumanickam Village, Madurai District as 1/5

per the Registered Sale Deed of petitioner's father dated 01.04.1968 and pass order within a stipulated that may be fixed by this Court. For Petitioner : M/s.K.Abiya For Respondents : Mr.T.Vilavankothai, Additional Government Pleader

ORDER

The petitioner has filed this writ petition seeking for the issuance of writ of mandamus, directing the 2nd respondent herein, namely, the Tahsildar, Peraiyur Taluk, to consider his representation dated 27.11.2015 for taking appropriate action to grant joint patta in comprising S.No.151/9 in Thirumanickam Village, Madurai District, as per the registered Sale Deed of his father dated 01.04.1968 and pass order within a stipulated time.

2. The case of the petitioner is that the land in Survey No.151/9 in Thirumanickam Village, Madurai District, was purchased by his 2/5

father by a registered Sale Deed dated 01.04.1968, however, patta has been issued in the name of one Karupayee and no such person is in existence in the Village. Therefore, he made a representation dated 27.11.2015 to the second respondent/Tahsildar, but, the same has not been considered. Hence, the petitioner was constrained to file this writ petition.

3. The learned Additional Government Pleader appearing for the respondents submits that the respondents have not filed any counter affidavit, however, they will consider the petitioner's representation depending upon the documents, if any placed before the authority and pass orders, within a period of six weeks.

4. In view of the said submission, the writ petition is disposed of with a direction to the petitioner to furnish a copy of the representation dated 27.11.2015 along with the documents, if any, to the second respondent, within a period of one week from the date of receipt of a 3/5

copy of this order and on receipt of the same, the second respondent is directed to consider the petitioner's representation dated 27.11.2015 on merits and in accordance with law and pass orders thereon, within a period of six weeks thereafter. No costs.

10.02.2023 ogy NCC : Yes / No.

Index : Yes / No.

Internet : Yes / No.

To

1. The Revenue Divisional Officer, Revenue Divisional Office, Usilampatti, Madurai District.

2. The Tahsildar, Taluk Office, Peraiyur Taluk, Peraiyur, Madurai District.

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B.PUGALENDHI, J.

ogy 10.02.2023 5/5