Madras High CourtWP(MD)/24320/2023disposed of

Gandhi S v. The Thasildar

2023-10-06Honourable Mr Justice G.R.Swaminathan4 pages

1 W.P.(MD)NO.24320 OF 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.10.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.24320 of 2023

1. S.Gandhi

2. Saravanan ... Petitioners Vs.

1. The Tahsildar, Bodinayakkanur, Theni.

2. Ramraj ... Respondents Prayer: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 1st respondent to cancel th patta issued in the name of the 2nd respondent for Survey Nos.217/2A/16, 217/2A/17 and 217/2A/18 part 1, ward VI, Melachokanathapuram, Bodinayakkanur Town and Taluk, Theni District and consequently direct the 1st respondent to issue joint patta by considering the petitioners' representation dated 18.02.2023. For Petitioners : M.Jerin Mathew For R-1 : Mr.K.Balasubramani, Special Government Pleader.

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O R D E R

Heard the learned counsel appearing for the writ petitioners and the learned Special Government Pleader appearing for the first respondent.

2. Issuance of notice to the second respondent is dispensed with.

3. The petitioners are aggrieved by the issuance of exclusive patta in favour of the second respondent. According to them, it must be a joint patta by including their names also. In this regard, the petitioners have submitted a petition for modification before the first respondent.

4. The first respondent is directed to pass final order on the petition mentioned petition on merits and in accordance with law within a period of three months from the date of receipt of a copy of this order.

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5. I make it clear that I have not gone into the merits of the matter. The first respondent shall put all the interested parties on notice before passing final order. It is open to the first respondent to pass order one way or the other.

6. This writ petition stands disposed of. No costs. 06.10.2023 NCC : Yes / No Index : Yes / No Internet : Yes / No PMU To:

The Tahsildar, Bodinayakkanur, Theni.

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