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Madras High CourtWP/12345/2021disposed of

V.Rangasami v. The Zonal Deputy Tahsildar

2023-08-17Honourable Mr Justice S.M. Subramaniam4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.08.2023

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM V.Rangasami ... Petitioner Vs.

The Zonal Deputy Tahsildar, Omalur Taluk, Omalur, Salem District.

... Respondent Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondent to forthwith make necessary corrections in the Patta No.1125 of the Petitioner and thereby mention the correct extent of 87 cents instead of 61 cents in Old Survey No.522/2, New Survey No.522/2A, situated at Amani Dasavilakku South Village, Omalur Taluk, Salem District, by considering and passing orders on the Application of the Petitioner dated 20.11.2020.

For Petitioner : Mr.K.Selvaraj For Respondent : Mr.C.Jayaprakash, Government Advocate

O R D E R

The relief sought for in the present Writ Petition is to direct the respondents to forthwith make necessary corrections in the Patta No.1125 of the Petitioner and thereby mention the correct extent of 87 cents instead of 61 cents in Old Survey

No.522/2, New Survey No.522/2A, situated at Amani Dasavilakku South Village, Omalur Taluk, Salem District, by considering and passing orders on the Application of the Petitioner dated 20.11.2020.

2. The grievances of the writ petitioner is that he has purchased the land measuring 87 cents in old Survey No.522/2, New Survey No.522/2A Salem District, situated at Amani Dasavilakku South Village, Omalur Taluk, Salem District by way of a registered Sale Deed dated 07.02.1962 registered as Document No.273 of 1962.

3. No doubt, the vendor to the petitioner had executed a Sale Deed, wherein the schedule of the property reveals that the land to an extent of 87 Cents was transferred. The revenue authorities while considering the applications submitted by the writ petitioner for grant of patta found that the petitioner is entitled for patta only to an extent of 61 Cents of land, which stood in the name of the vendor of the petitioner. If at all the vendor is possessing the title document to establish that they own land to an extent of 87 Cents, then the petitioner is at liberty to submit all relevant original documents to the authorities by filing an appropriate application. In such an event, the authorities are empowered to re-consider the issues under the

provisions of the Tamil Nadu Patta Passbook Act, 1983. In the absence of any such proof to establish that the vendor to the petitioner owned 87 cents of the land, the High Court in a writ proceeding, cannot form an opinion that the petitioner is entitled for patta to an extent of 87 cents of land.

4. Thus, the petitioner has not established any acceptable ground for the purpose of granting the relief, as such sought for in the present Writ Petition. However, the petitioner is at liberty to establish his case, if he possess all required documents for the purpose of securing patta to an extent of 87 cents.

5. With this observations, the Writ Petition stands disposed of. No costs. 17.08.2023 skr Index : Yes / No Speaking order / Non-speaking order To The Zonal Deputy Tahsildar, Omalur Taluk, Omalur, Salem District.

S.M.SUBRAMANIAM, J.

skr 17.08.2023