Madras High CourtWP(MD)/29766/2023allowed

Meenakshi Sundram.K.R v. The Thasildar

2023-12-14Honourable Mr Justice G.R.Swaminathan4 pages

1 W.P.(MD)NO.29766 OF 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.12.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.29766 of 2023 AND W.M.P.(MD)No.25692 of 2023 KR. Meenakshi Sundram ... Petitioner Vs.

The Tahsildar, Thirupparankundram, Madurai District.

... Respondent Prayer: Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records of the impugned order passed by the respondent in No.2023/0105/24/538727 dated 30.11.2023 quash the same and also directing the respondent to issue patta in the name of the petitioner in respect of the property situated in S.No.32/2 in Tiruparakundram, Madurai District within a time stipulated by this Court. For Petitioner : Mr.RM.Arun Swaminathan For Respondent : Mr.K.Balasubramani, Special Government Pleader.

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2 W.P.(MD)NO.29766 OF 2023

O R D E R

Heard both sides.

2. The petitioner applied for issuance of patta.

3. By assigning a vague reason, request was rejected. The only reason is that the Court case is pending. It is not known as to why the respondent should refuse by citing the pendency of the Court case. In fact the petitioner had earlier moved this Court by filing W.P.(MD)No.249 of 2023. It was allowed on 28.02.2023. In fact he had filed Cont.P.(MD)No. 812 of 2023. W.A.(MD)No.1323 of 2023 filed by the Joint Commissioner(HR&CE) was dismissed by the Hon'ble Division Bench on 10.08.2023. I fail to understand as to why, the respondent should withhold issuance of patta. The impugned order is set aside. The respondent is directed to issue patta in favour of the petitioner immediately and without any delay. This writ petition stands allowed. No costs. Consequently, connected miscellaneous petition is closed.

14.12.2023 NCC : Yes / No Index : Yes / No Internet : Yes/ No PMU 2/4

3 W.P.(MD)NO.29766 OF 2023 To:

The Tahsildar, Thirupparankundram, Madurai District.

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4 W.P.(MD)NO.29766 OF 2023 G.R.SWAMINATHAN,J.

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