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Madras High CourtWP(MD)/23176/2024allowed

Dharmalingam v. The Tahsildar

2024-09-30Honourable Ms. Justice P.T. Asha5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.09.2024

CORAM:

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

The Tahsildar, Natham Taluk Office, Natham Town and Taluk, Dindigul District.

.. Respondent Prayer: Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, directing the respondent to issue patta in the name of the petitioner for the lands in S.Nos.26/5A, 26/5B and 26/6B of Bannuvarpatty Village, Natham Taluk, Dindigul District, based on the petitioner's online applications dated 25.07.2020 and 14.03.2022 in Petition No.2020/0103/13/121021 and Petition No. 2022/0103/13/195178 respectively and on the basis of the petitioner's representation dated 10.09.2024, within a time to be stipulated by this Court.

For Petitioner :

Mr.N.Rahamadullah

For Respondent :

Mr.D.S.Nedunchezhiyan Government Advocate

ORDER

This writ petition is filed seeking the issue of mandamus directing the respondent to issue patta in the name of the petitioner in respect of the lands in S.Nos.26/5A, 26/5B and 26/6B of Bannuvarpatty Village, Natham Taluk, Dindigul District on the basis of his online applications dated 25.07.2020 and 14.03.2022 and the last of the representations being on 10.09.2024.

2. It is the contention of the petitioner that the above property was purchased by his father Periyasamy from on Karuppaiah and others under a registered sale deed dated 12.04.1972. Originally, these lands were covered under S.Nos.26/5 and 26/6. After the purchase, it was subdivided.

3. On 16.12.1991, the petitioner's father had executed a Will in his favour and had passed away in the year 2006. On his demise, the Will

had come into force and the petitioner has been in possession and enjoyment of the lands. He had made an online application on 25.07.2020 for grant of patta and in fact, even prior to that, he has been making representations. However, there has been no response. He followed it with another representation on 14.03.2022 and a representation on 20.06.2024 before the District Collector, Dindigul on the Grievance Day. Despite the District Collector directing his subordinates to forthwith consider and pass orders on the petitioner's representation, nothing had moved constraining the petitioner to send a detailed representation on 10.09.2024, which also had not evoked any response. Therefore, the writ petition.

4. Heard the learned counsel on either side.

5. Taking into account the fact that from the year 2020, the respondent has not bothered to process the petitioner's request for grant of patta, thereby abdicating his statutory duty imposed on him, a mandamus is issued to the respondent to consider the petitioner's

applications dated 25.07.2020 and 14.03.2022 and also the representation dated 10.09.2024 and pass orders within a period of eight weeks from the date of receipt of a copy of this order.

6. With the above direction, this Writ Petition is allowed. No costs.

30.09.2024 NCC : Yes/No Index : Yes/No Internet : Yes abr To The Tahsildar, Natham Taluk Office, Natham Town and Taluk, Dindigul District.

P.T.ASHA, J.

abr Dated: 30.09.2024