Madras High Court
G.Venugopal vs The Tahsildar on 27 January, 2022
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
Page 1 of 5
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.
https://www.mhc.tn.gov.in/judis
W.P.No.951 of 2022
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
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.
https://www.mhc.tn.gov.in/judis
W.P.No.951 of 2022
G.K.ILANTHIRAIYAN, J.
mn
W.P.No.951 of 2022
27.01.2022
https://www.mhc.tn.gov.in/judis
