Madras High Court
S.Sakthi vs 2 R.A. Manivannan on 29 April, 2021
W.P.No.10826 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 29.04.2021
CORAM :
THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN
Writ Petition No.10826 of 2021
S.Sakthi
S/o. Srinivasan @ Srinivasagam ... Petitioner
-Vs-
1 The Tahsildar,
Senthamangalam 637 409.
Senthamangalam Taluk,
Namakkal District.
2 R.A. Manivannan
S/o.Adhimoolam Udayar ... Respondents
Prayer : Writ Petition is filed under Article 226 of the Constitution of India
praying for the issuance of a Writ of Mandamus directing the 1st respondent
herein to dispose of the representation dated 09/04/2021 submitted by the
petitioner herein seeking issuance of Joint Patta in favour of the legal heirs
of late Srinivasa (Alias Srinivasagam) father of the petitioner herein by
cancelling the patta No.245 erroneously issued in the name of the 2nd
respondent herein on 27.01.2011 in respect of the land comprised in Survey
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W.P.No.10826 of 2021
No.176/5D situate in Thoosoor village , Senthamangalam Taluk, Namakkal
District belonging to the petitioner and his family members as decreed by
the Additional District Munsif Court , Namakkal vide its judgment and
decree dated 18/10/2011 passed in O.S.No.54/2011.
For Petitioner : Mr.S.Senthil
For Respondents : Mrs.K.Bhuvaneswari,
Government Advocate
- for R1
ORDER
(The case has been heard through video conference)
This Writ Petition has been filed seeking a direction directing the 1st
respondent herein to dispose of the petitioner's representation dated
09.04.2021 and to issue patta in favour of legal heirs of late Srinivasan alias
Srinivasagam father of petitioner.
2. In view of the order is going to be passed in the present Writ
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W.P.No.10826 of 2021
Petition, which will not prejudice the interest of the 2nd respondent, notice to
the 2nd respondent is dispensed with.
3. The grievance of the petitioner is that, he is the owner of the
property in Survey No. 176/5D, situated in Thoosoor Village,
Senthamangalam Taluk, Namakkal District and a declaration decree was
also passed in his favour in O.S.No. 54 of 2011 on the file of Additional
District Munsif Court, Namakkal. Thereafter, the petitioner has submitted a
representation dated 09.04.2021 seeking the 1st respondent to cancel the
patta issued in the name of 2nd respondent and to issue a joint patta in favour
of legal heirs of late Srinivasan (alias Srinivasagam) father of petitioner. So
far, his representation was not considered and no order has been passed.
Hence, the present Writ Petition has been filed by the petitioner.
4. Considering the limited prayer sought in the present Writ Petition,
without going into the merits of the case, the 1st respondent Tahsildar is
directed to consider the representation submitted by the petitioner and pass
suitable orders on merits in accordance with law after giving opportunity to
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W.P.No.10826 of 2021
the petitioner as well as 2nd respondent within a period of eight weeks from
the date of receipt of a copy of this order. Accordingly, this Writ Petition
stands disposed of. No costs.
29.04.2021
Index : Yes/No
Internet : Yes/No
rpp
To
The Tahsildar,
Senthamangalam 637 409.
Senthamangalam Taluk,
Namakkal District.
http://www.judis.nic.in
W.P.No.10826 of 2021
V. BHARATHIDASAN, J.
rpp
W.P.No.10826 of 2021
29.04.2021
http://www.judis.nic.in
