A.J.Rajan v. The Tahsildar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.04.2016

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBBIAH W.P.No.12992 of 2016 A.J.Rajan .. Petitioner Vs.

The Tahsildar, O/o Tahsildar, Sholinganallur Taluk, Chennai-600 119.

.. Respondent Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus to direct the respondent herein to consider the petitioner's application, dated 24.06.2011 given to the respondent for re-survey and grant of patta in the petitioner's name in respect of the petitioner's property bearing Plot No.297-A, Kubera Nagar Extension, 10th Street, comprised in S.No.132/7-A, situated at Madipakkam Village, Tambaram Taluk, Kancheepuram District, within a time frame to be fixed by this Court.

For Petitioner : Mr.A.Selvendran For Respondent : Mr.P.Sanjay Gandhi, Addl.G.P.

ORDER

The petitioner has filed this Writ Petition praying for issuance of a Writ of Mandamus to direct the respondent herein to consider the petitioner's application, dated 24.06.2011 given to the respondent for re-survey and grant of patta in the petitioner's name in respect of the petitioner's property bearing Plot No.297-A, Kubera Nagar Extension, 10th Street, comprised in S.No.132/7-A, situated at Madipakkam Village, Tambaram Taluk, Kancheepuram District, within a time frame to be fixed by this Court.

2. It is the case of the petitioner that he is the absolute owner of the abovesaid property, which was purchased by him from one K.Meenakshi through her Power Agent K.Arumugam, vide sale deed, dated 30.04.2007 registered as Doc.No.1987/07 in the office of the SRO, Velacherry. It originally belonged to one Varadappa Naicker, who sold the same to one R.Suseela, who sold the same through her Power Agent to one R.K.Suresh, from whom the said Meenakshi had purchased, and from whom, the petitioner https://hcservices.ecourts.gov.in/hcservices/

purchased through her Power Agent. As such, the petitioner is in peaceful possession and enjoyment of the subject property.

3. It is the further case of the petitioner that after he purchased the property, he applied for re-survey and issuance of patta in his name, which has not been processed inspite of reminders to the respondent. On 24.06.2011, the petitioner again made application for re-survey and transfer of patta, by paying necessary fees for mutation, even then, there was no response, inspite of the fact that necessary documents like sale deed, parent documents, sketch, encumbrance certificate, etc., have been enclosed. It is further stated by the petitioner that there is no third party claim and hence, there is no reason for not considering the application of the petitioner, dated 24.06.2011. Because of non-issuance of patta and re-survey, the petitioner is unable to deal with the subject property. As no action is taken by the respondent, the petitioner has filed this Writ Petition for the above relief.

4. Heard both sides.

5. Taking into consideration the factual aspects of the matter, this Court, without going into the merits of the case, directs the respondent to consider the said representation/application of the petitioner, dated 24.06.2011, conduct enquiry, give an opportunity of personal hearing to the petitioner and necessary parties, pass appropriate orders and dispose of the said representation, on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order. It is made clear that this Court has not expressed any opinion on the merits of the claim of the petitioner and it is for the respondent to decide the same.

6. With the above observations and directions, the Writ Petition is disposed of. No costs.

cs -s/d- Assistant Registrar(CO) True Copy Sub-Assistant Registrar Copy to The Tahsildar, O/o Tahsildar, Sholinganallur Taluk, Chennai-119. + 1 cc to Mr.A.Selvendaran, Advocate, SR 22207 + 1 cc to Govt.Pleader, High Court, Madras SR 22228 (co) prk7/4 W.P.No.12992 of 2016 https://hcservices.ecourts.gov.in/hcservices/