L.Subbiah v. The Tahsildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.10.2024

CORAM:

THE HONOURABLE MS.JUSTICE P.T.ASHA L.Subbiah .. Petitioner Vs.

1.The Tahsildar, Karaikudi, Sivagangai District.

2.The Zonal Deputy Tahsildar, Sakkottai Zone, Karaikudi Taluk, Sivagangai District.

3.The Commissioner (Land Acquisition), Chepauk, Chennai-5.

.. Respondents [R3-Suo motu impleaded vide Court order dated 24.10.2024 in W.P.(MD) No.25252 of 2024] Prayer: Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus directing the respondents to grant patta in Survey No.558/3 in Aranmanaipatti Village, Karaikudi Taluk, Sivagangai District based on the physical application dated 05.09.2024 within a time to be stipulated by this Court.

For Petitioner :

Mr.J.Jaaswant For Respondents :

Mr.B.Saravanan Additional Government Pleader

ORDER

This writ petition is filed for the following relief: "For the reasons stated in the accompanying affidavit it is prayed that this Hon'ble Court may be pleased to issue an order, direction or writ more particularly Writ of Mandamus directing the respondents to grant patta in Survey No.558/3 in Aranmanaipatti Village, Karaikudi Taluk, Sivagangai District based on the physical application dated 05.09.2024 within the time stipulated by this Hon'ble Court and grant such other and further relief which this Curt considers deems fit and proper in the circumstances of this case and thus render justice."

2. Mr.B.Saravanan, learned Additional Government Pleader would submit that the property being a Natham land of vast extent of 73 cents, the authority for considering the grant of patta is only the Commissioner (Land Acquisition), Chepauk, Chennai.

3. Considering the fact that the Commissioner (Land Acquisition), Chepauk, Chennai, is the authority for considering the grant of patta, this Court suo motu impleads the Commissioner (Land Acquisition), Chepauk, Chennai as the third respondent. Registry is directed to carry out necessary amendment.

4. In view of the submission made by the learned Additional Government Pleader, this Writ Petition is allowed with the following directions:

i. The petitioner shall submit an application to the third respondent within a period of two weeks from the date of receipt of a copy of this order;

ii. The third respondent on receipt of the said application shall consider the same and pass orders within a period of one month thereafter either granting patta or rejecting the request for issuance of patta. In case of rejection, a speaking order shall be passed. No costs.

NCC : Yes/No 24.10.2024 Index : Yes/No abr

To 1.The Tahsildar, Karaikudi, Sivagangai District.

2.The Zonal Deputy Tahsildar, Sakkottai Zone, Karaikudi Taluk, Sivagangai District.

Copy to:

The Commissioner (Land Acquisition), Chepauk, Chennai-5.

P.T.ASHA, J.

abr Dated: 24.10.2024