Petitioner sought mandamus directing issuance of patta for Survey No.36/2C based on a registered Lok Adalat Award. Without expressing any opinion on merits, the court directed the Tahsildar to issue notice to adjacent land owners and interested parties and pass orders on merits within eight weeks.
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W.P. No.6240 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 08.03.2024
Coram:
THE HONOURABLE MR. JUSTICE P.VELMURUGAN
W.P. No.6240 of 2024
P.Tamilselvan … Petitioner
Vs.
1.The District Collector, Collectorate, Villupuram, Villupuram District.
2.The Revenue Divisional Officer, Melmalayanur, Villupuram District.
3.The Tahsildar, Melmalayanur, Villupuram District. ... Respondents
Prayer : Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the third respondent to issue the patta in petitioner's name in respect of property situated in Survey No.36/2C, in Melmalaiyanur Village, Villupuram District.
For Petitioner : Mr. K. Santhosh For Respondents : Mr.T. Arun Kumar, Additional Government Pleader.
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W.P. No.6240 of 2024
ORDER
This Writ Petition is filed seeking to issue a Writ of Mandamus
directing the 3rd respondent to issue patta in petitioner's name, in respect
of the property situated in Survey No.36/2C, in Melmalaiyanur Village,
Villupuram District.
suit in O.S.No.146 of 2020 on the file of the Principal District Munsif Court, Gingee, for declaration and permanent injunction against his brother in and during pendency of the same, the matter was referred to Lok Adalat,
Gingee, wherein, the matter was amicably settled on 10.04.2021, by way
of executing a settlement memo and an Lok Adalat Award was passed in favour of the petitioner in LAC.No.151 of 2021. Thereafter, the petitioner
approached the Sub Registrar, Valathi, Ginjee Taluk, Villupuram, for registration of the suit property as per the Lok Adalat Award. But he
W.P. No.6240 of 2024
refused to the register the same. Hence, the petitioner made representations on 30.11.2021 and 04.01.2022 to the District Registrar, Tindivanam, to pass appropriate orders to the Sub Registrar, Gingee in respect of registering the Award. However, no action was taken. Hence, the petitioner filed a Writ Petition in W.P.No.15615 of 2022 and this Court by order dated 23.06.2022, directed the Registering authority to register the suit property as per the Lok Adalat Award stating that the Lok Adalat Award is equivalent to Civil Court decree and as per the directions of this Court, the Registering authority registered the Award and based on the registered Award, the petitioner made an online application in application No.2023/0103/07/344939 dated 27.10.2023, for issuance of Patta in his favour. But the same was not considered so far. Hence, the present Writ Petition is filed.
notice for the respondents.
W.P. No.6240 of 2024
either side and since the Writ Petition is filed seeking a simple Writ of Mandamus, this Court without expressing any opinion with regard to the merits of the case, directs the 3rd respondent to issue notice to the petitioner, adjacent land owners of the four boundaries of the subject property, interested parties/rival claimants/aggrieved parties/objectors if any, as the case may be and conduct enquiry in the manner known to law 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.
admission stage itself. There shall be no order as to costs.
08.03.2024
Index : Yes / No Speaking Order : Yes / No Neutral Citation Case : Yes/No
Ksa-2
W.P. No.6240 of 2024
To
W.P. No.6240 of 2024
P.VELMURUGAN. J.
Ksa-2
W.P. No.6240 of 2024
08.03.2024
1 issue framed by the court
Whether the Tahsildar should be directed to process the petitioner's patta application for Survey No.36/2C, Melmalaiyanur Village, based on the registered Lok Adalat Award.
1 provisions across 1 enactments
P.Tamilselvan
The District Collector, Collectorate, Villupuram, Villupuram District
The Revenue Divisional Officer, Melmalayanur, Villupuram District
The Tahsildar, Melmalayanur, Villupuram District
P.Velmurugan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
