Madras High CourtWP(MD)/2960/2013disposed of

Thangavel v. The Tahsildar,

2016-11-16Honourable Mr Justice V. Bharathidasan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated: 16.11.2016 Coram THE HON'BLE MR.JUSTICE V.BHARATHIDASAN Writ Petition (MD)No.2960 of 2013 THANGAVEL

...Petitioner

-Vs1 THE TAHSILDAR DINDIGUL TALUK OFFICE, DINDIGUL DISTRICT.

2 GOVINDAMMAL 3 CHINNAKALAI @ PERUMAL

...Respondents

Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the 1st respondent to restore the patta in the petitioner's name in Survey No.412/1H situated at Kasavanampatty Village, Dindigul District.

For petitioner :Mr.G.Gomathi Shankar For respondents :Mr.V.Muruganandham Additional Govt. Pleader for R-1 Mr.D.Venkatesh for RR-2 & 3

ORDER

The writ petition has been filed for issuance of a direction, directing the 1st respondent to restore the patta in the petitioner's name in Survey No.412/1H situated at Kasavanampatty Village, Dindigul District.

2.According to the petitioner, the land in Sy.No.412/1H in Kasavanampatty Village, Dindigual District originally belongs to the petitioner's mother and patta also stands in her name. Subsequently, his mother died and in respect of the above said property, a civil suit was filed by the petitioner seeking partition of his 1/3rd share and the said suit was dismissed and as against the same, the petitioner preferred an appeal and the same was also dismissed. As against the same, now, a second appeal is also pending before this Court.

3.The grievance of the petitioner is that without considering the fact that civil suits are pending between the petitioner and other co-owners, the first respondent/Tahsildar, Dindigul Taluk, passed an order transferring patta in favour of the respondents 2 and 3. In the above circumstances, the petitioner made a representation to the first respondent on 27.08.2012 to cancel the patta and the above application is pending. Hence, he has filed the present writ petition. https://hcservices.ecourts.gov.in/hcservices/

4.Heard the learned Additional Government Pleader appearing for the respondents.

5.Taking into consideration of the fact that the petitioner already filed a representation before the authorities to cancel the patta, the first respondent/Tahsildar, Dindigul Taluk Office is directed to consider the petitioner's representation, dated 27.08.2012 and pass suitable orders, after issuing notice to the petitioner and the respondents 2 and 3 on merits and in accordance with law, within a period of 12 weeks from the date of receipt of a copy of this order.

6.With the above direction, this writ petition is disposed of. There shall be no order as to costs.

Sd/- Assistant Registrar(Crl.side) /True copy/ Sub Assistant Registrar(CS) To THE TAHSILDAR DINDIGUL TALUK OFFICE, DINDIGUL DISTRICT.

+1cc to Mr.D.Venkatesh, Advocate in SR.70495 +1cc to Mr.G.Gomathisankar, Advocate in SR.49526 +1cc to the Special Government Pleader in SR.69770 W.P.(md).NO.2960 of 2013 16.11.2016 vs PBK/PM 28.12.2016 ::2P-5C https://hcservices.ecourts.gov.in/hcservices/