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Madras High CourtWP(MD)/19898/2013disposed of

P.Muniyandi v. The Thasildar

2017-02-22Honourable Mr Justice M.S. Ramesh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.02.2017

CORAM

THE HON'BLE MR.JUSTICE M.S.RAMESH W.P.(MD) Nos. 19898 of 2013,19901 and 19900 of 2013 P. Muniyandi.

... Petitioner in W.P. (MD) No. 19898 of 2013 G.Vennila ... Petitioner in W.P.(MD) No. 19901 of 2013 R. Tamil Selvi ... Petitioner in W.P. (MD) No. 19900 of 2013 -VsThe Tahsildar, Madurai North Taluk, Madurai District. ... Respondent Prayer for W.P.(MD) No.19898 of 2013: This Petition is filed under Article 226 of Constitution of India for the issuance of Writ of Mandamus or any other appropriate writ or direction in the nature of writ by directing the Respondent to consider the petitioner representation dated 16-06-2011 for issuing Patta in petitioner name inrespect of R.S.No. 189/4D2A at Madurai North Taluk, 2nd Bit Thenur Village.

Prayer for W.P.(MD) No.19901 of 2013: This Petition filed under Article 226 of Constitution of India for the issuance of Writ of Mandamus or any other appropriate writ or direction in the nature of writ by directing the Respondent to consider the petitioner representation dated 09-07-2013 for issuing Patta in petitioner name inrespect of R.S.No. 182/13, 182/14, R.S. 189/5A4A1, R.S.No. 189/4D2A1, R,S. No. 180/9 totally measuring 5341 Sq.ft at Madurai North Taluk 2nd Bit Thenur Village.

Prayer for W.P.(MD) No.19900 of 2013: This Petition filed under Article 226 of Constitution of India for the issuance of Writ of Mandamus or any other appropriate writ or direction in the nature of writ by directing the Respondent to consider the petitioner's representation dated 16-08-2011 for issuing Patta in petitioner's name inrespect of R.S.No. 189/4D2A1 measuring 872 Sq.ft at Madurai North Taluk 2nd Bit Thenur Village.

For All Petitioners : Mr.M.Ponniah.

For All Respondents : Mr. Alaga thevar Special Government Pleader C O M M O N O R D E R https://hcservices.ecourts.gov.in/hcservices/ The main prayer in the writ petitions is for a direction to the respondent for issuance of patta.

2. The case of the petitioners is that the petitioner in

W.P.(MD) No.19898 of 2013 is the owner of the land in R.S.No.189/4D2A at Madurai North Taluk, 2nd Bit Thenur Village; the petitioner in W.P.(MD) No.19900 of 2013 is the owner of the land in R.S.No.189/4D2A1 measuring 872 sq. ft at Madurai North Taluk 2nd Bit Thenur Village; and the petitioner in W.P.(MD) No.19901 of 2013 is the owner of the land in R.S.No. 182/13, 182/14, 189/5A4A1, 189/4D2A1, 180/9 totally measuring 5341 Sq.ft at Madurai North Taluk 2nd Bit Thenur Village.

3. The petitioner in W.P.(MD) No.19898 of 2013 has given a representation on 16.06.2011 and the petitioner in W.P.(MD) No.19900 of 2013 has given a representation on 16.08.2011 and the petitioner in W.P.(MD) No.19901 of 2013 has given a representation on 09.07.2013 seeking for grant of patta. Even though the respondent had received the said representations, no action has been initiated by them till date.

4. Considering the limited prayer sought for in the writ petitions and without going into the merits of the claim made by the petitioners, the respondent is directed to consider the said representations and pass orders on the same on merits and in accordance with law within a period of three months from the date of receipt of copy of this order. The respondent, while conducting the proceedings, shall follow the procedures contemplated under the Patta Pass Book Act and shall also issue prior notice to all the parites, who may be interested in the subject lands.

5. With the above direction, the writ petitions are disposed of. No costs.

Sd/- Assistant Registrar(CS-II) /TRUE COPY/ Sub Assistant Registrar To:

The Tahsildar,Madurai North Taluk,Madurai District. +3 cc to MR.M.Ponniah, ADVOCATE, SR NO:9827,9828.9826 CM sva/pm/pn/09.03.2017/2p/5c W.P.(MD) Nos.19898 19901 19900 of 2013 22.02.2017 https://hcservices.ecourts.gov.in/hcservices/