W.P.No.951 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 27.01.2022
CORAM
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN
W.P.No.951 of 2022
G.Venugopal ... Petitioner
-Vs-
1. The Tahsildar,
Kilpennathur Taluk,
Tiruvannamalai District.
2. Batrachalam ... Respondents
Prayer :- Writ Petition filed under Article 226 of the Constitution of India
praying for the issuance of a Writ of Mandamus, directing the respondents to
sub divide and mutate the patta in favour of the petitioner herein for the lands
comprised in Survey No.14/6, 14/7, 14/8, 14/9 with service connection 16 and
39/5 having various extents and situated at Anukkumalai Village,
Tiruvannamalai District as described in the representation dated 21.09.2020, by
disposing the same in terms of Section 10 of Tamil Nadu Patta Pass Book Act,
1983 read with Rule 4(7) of Tamil Nadu Patta Pass Book Rules, 1987 within a
time framed limit.
For Petitioner : Mr.P.G.Thiyagu
For R1 : Mr.V.Jeevagiridharan
Additional Government Pleader
https://www.mhc.tn.gov.in/judis
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W.P.No.951 of 2022
ORDER
This Writ Petition has been filed for the issuance of Writ of Mandamus, directing the respondents to sub divide and mutate the patta in favour of the petitioner herein for the lands comprised in Survey No.14/6, 14/7, 14/8, 14/9 with service connection 16 and 39/5 having various extents and situated at Anukkumalai Village, Tiruvannamalai District as described in the representation dated 21.09.2020, by disposing the same in terms of Section 10 of Tamil Nadu Patta Pass Book Act, 1983 read with Rule 4(7) of Tamil Nadu Patta Pass Book Rules, 1987 within a time framed limit.
2. Heard Mr.P.G.Thiyagu, learned counsel appearing for the petitioner and Mr.V.Jeevagiridharan, learned Additional Government Pleader appearing for the first respondent.
3. The petitioner submitted an application before the first respondent to sub divide and mutate the patta in favour of the petitioner in respect of the land comprised in Survey No.14/6, 14/7, 14/8, 14/9 with service connection 16 and 39/5 having various extents and situated at Anukkumalai Village, Tiruvannamalai District.
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4. It is also seen that the petitioner had already submitted an application for the very same request. Since, the first respondent did not take any action, the petitioner was constrained to approach this Court in W.P.No.20079 of 2013 and this Court by an order dated 19.01.2015 directed the first respondent to pass orders on the petitioner's request. Even then the first respondent did not consider the same and as such the petitioner filed this writ petition.
5. On written instructions from the first respondent and Mr.V.Jeevagiridharan, learned Additional Government Pleader submitted that the petitioner's claim for patta in respect of the subject land which was the subject property in O.S.No.588 of 2004 on the file of the Additional District Munsif Court, Tiruvannamalai, by its Judgment and Decree dated 30.01.2008 have confirmed the petitioner's possession of the subject land on oral partition and requested further time to complete the enquiry and pass orders.
6. Considering the above, the first respondent is directed to conduct an enquiry, after giving an opportunity of hearing to the petitioner and the second respondent herein and pass orders on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order. https://www.mhc.tn.gov.in/judis Page 3 of 5 W.P.No.951 of 2022
7. With the above directions, this writ petition is disposed of. There shall be no order as to costs.
27.01.2022 Internet : Yes Index : Yes/No Speaking order/Non-speaking order mn To
1. The Tahsildar, Kilpennathur Taluk, Tiruvannamalai District.
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