The Madurai Bench directed the Respondent Talsildar to consider the Petitioner's representation dated 10.10.2020 seeking modification of the natham adangal entry based on specific deeds, ordering a fair hearing within 12 weeks.
Direction to respondent to consider petitioner's representation, hold fair hearing, and pass final orders on merits within twelve weeks.
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 12.04.2022
CORAM:
THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE
W.P.(MD)No.252 of 2021
G.Kanagaraj
... Petitioner
Vs
The Tahsildar, Thottiyam Taluk, Trichy District.
... Respondent
PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, to direct respondent to modify the entry in the natham adangal in S.No.245/11, on the basis of the Settlement Deed, dated 03.07.1963 and Sale Deed, dated 14.09.2005, by considering the petitioner's representation, dated 10.10.2020, within the time fixed by this Court.
For Petitioner : Mr.H.Arumugam
For Respondent : Mr.B.Saravanan Additional Government Pleader
ORDER
This writ petition has been filed for a Mandamus seeking for a direction to the respondent to modify the entry in the natham adangal in S.No.245/11, on the basis of the Settlement Deed, dated 03.07.1963 and Sale Deed, dated 14.09.2005, by considering the petitioner's representation, dated 10.10.2020, within a time frame to be fixed by this Court.
2.According to the petitioner, the natham adangal for the aforementioned property has not been issued in accordance with the settlement deed, dated 03.07.1963 and sale deed dated 14.09.2005. In such circumstances, he has given a representation, dated 10.10.2020, seeking for modification of the entry in the natham https://hcservices.ecourts.gov.in/hcservices/
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adangal for the aforementioned property. Since the said representation has not been considered till date, he has filed this writ petition.
3.Heard Mr.H.Arumugam, learned counsel appearing for the petitioner and Mr.B.Saravanan, learned Additional Government Pleader, appearing for the respondent.
4.No prejudice will be caused to the respondent, if the petitioner's representation is considered on merits and in accordance with law, after affording a fair hearing to the petitioner and other necessary parties, whom the respondent deems fit to enquire, within a time frame to be fixed by this Court.
5.For the foregoing reasons, this Court directs the respondent to consider the petitioner's representation, dated 10.10.2020, seeking to modify the entry in the natham adangal in S.No.245/11, on the basis of the Settlement Deed, dated 03.07.1963 and Sale Deed, dated 14.09.2005 and pass final orders on merits and in accordance with law, after affording a fair hearing to the petitioner and other necessary parties, whom the respondent deems fit to enquire, within a period of twelve weeks from the date of receipt of a copy of this order.
6.With the aforesaid directions, this writ petition is disposed of. No costs.
Sd/Assistant Registrar(Writ)
// True Copy //
TM
Note :In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the Advocate/litigant concerned.
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To
THE TAHSILDAR, THOTTIYAM TALUK, TRICHY DISTRICT.
+1 CC to M/s.SPL.Government Pleader (SR-18602[F] dated 13/04/2022)
+1 CC to M/s.H.ARUMUGAM,Advocate(SR-18752[F] dated 13/04/2022)
W.P.(MD)No.252 of 2021 12.04.2022
SP/29/04/2022/3P/4C
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3 issues framed by the court
Whether the respondent is directed to consider the petitioner's representation regarding the modification of the natham adangal entry.
Whether a fixed timeline is required for the respondent to pass final orders on merits.
Whether other necessary parties must be afforded a fair hearing before the modification is effected.
G.Kanagaraj
The Tahsildar, Thottiyam Taluk, Trichy District
Abdul Qudhose
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
