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Madras High CourtWP(MD)/26558/2023disposed of

Sethu .P v. The Commissioner

2025-03-06Honourable Mr Justice P.B. Balaji6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.03.2025

CORAM

THE HON'BLE MR.JUSTICE P.B.BALAJI P.Sethu : Petitioner Vs.

1.The Commissioner, Chennai.

2.The Commissioner, Survey and Settlement, Survey House, Chepauk, Chennai - 5.

3.The District Revenue Officer, Tenkasi District, Tenkasi.

4.The Revenue Divisional Officer, 5.The Tahsildar, Sankarankovil Taluk, 1/6

6.The Assistant Commissioner / Executive Officer, Sankaranarayanaswamy Thirukovil, : Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for a Writ of Mandamus, directing the fifth respondent to issue patta in the name of the petitioner's father by name C.Periya Ramaiah Konar in respect of the property in S.No.673/2, situated at Kalapagulam Village, Sankarankovil Taluk, Tenkasi District measuring to an extent of 1.02.0 hectares in compliance to the order passed by the third respondent dated 21.03.2022. For Petitioner : Mr.K.Jeyamohan For Respondents 1 to 5 : Mrs.K.Malathi Additional Government Pleader For Respondent No.6 : Mr.VR.Shanmuganathan

O R D E R

Heard the learned Counsel for the petitioner and Mrs.K.Malathi, learned Additional Government Pleader for the respondents 1 to 5 and Mr.VR.Shanmuganathan, learned Counsel for the sixth respondent.

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2.The petitioner seeks limited relief of a direction to the fifth respondent to issue patta in the petitioner's father's name pursuant to the order passed by the third respondent on 21.03.2022. It is seen from the records that the third respondent, after conducting due enquiry and after affording an opportunity to the petitioner as well as sixth respondent, has passed an order directing the patta to be issued to the petitioner's father. The sixth respondent has not executed the order of the third respondent. The petitioner seeks for implementation of the order of the third respondent at the hands of the fifth respondent. In view of the order dated 21.03.2022 having attained finality, there can be no impediment for the fifth respondent as directed by the third respondent. 3.In view of the above, this Writ Petition is disposed of directing the fifth respondent to mutate the patta in the name of the petitioner's father as directed by the third respondent within a within a period of four [4] weeks from the date of receipt of a copy of this order.

4.Learned Counsel for the petitioner would submit that there is a technical glitch in the online system and the same will have to be rectified by the second respondent before patta is issued. 3/6

Therefore, the second respondent shall take necessary steps to rectify technical glitch in the online system to remove the name of the temple and issue patta in the name of the petitioner's father. 5.Accordingly, this Writ Petition is disposed of. There shall be no order as to costs.

06.03.2025 Index :Yes / No Internet : Yes / No NCC : Yes/No MR 4/6

To 1.The Commissioner, Chennai.

2.The Commissioner, Survey and Settlement, Survey House, Chepauk, Chennai - 5.

3.The District Revenue Officer, Tenkasi District, Tenkasi.

4.The Revenue Divisional Officer, 5.The Tahsildar, Sankarankovil Taluk, 6.The Assistant Commissioner / Executive Officer, Sankaranarayanaswamy Thirukovil, 5/6

P.B.BALAJI.

, J.

MR 06.03.2025 6/6