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Madras High CourtWP/1764/2017disposed of

D.Nelson v. The Tahsildar,

2017-01-25Honourable Mr Justice B. Rajendran2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.01.2017

CORAM:

THE HONOURABLE MR. JUSTICE B.RAJENDRAN WRIT PETITION No.1764 of 2017 D.Nelson ... Petitioner vs.

The Tahsildar, Tirupur South Taluk, Tirupur District.

... Respondent Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of mandamus directing the respondent to consider the petitioner's representation dated 16.12.2016 vide Can No.0333208074769 and Application No.2016/0103/32/048152 and issue Patta in the petitioner's favour within a reasonable period. For Petitioner :

Mr.P.Sam Japa Singh For Respondent :

Mr.S.V.Durai Solaimalai, Additional Government Pleader

O R D E R

The petitioner has come up with this Writ Petition seeking a direction to the respondent to consider the petitioner's representation dated 16.12.2016 vide Can No.0333208074769 and Application No.2016/0103/32/048152 and issue Patta in his favour within a reasonable period.

2.

According to the petitioner, he is the absolute owner of the property in Survey No.48/1A, previous Patta No.982 to a total extent of 10,032 sq. ft. in Nallur Village, Tirupur Taluk and Tirupur District. He purchased the same from one S.Prema, by way of two Sale Deeds vide Document Nos.4148 of 2010, dated 01.11.2010 and 3685 of 2011, dated 24.10.2011. It is his case that though the title deeds show that he is in possession of the said property, all the revenue records stand in the name of his previous vendor, viz. Prema. Based on the Title Deeds, Revenue Records and Encumbrance Certificates, the petitioner made an application for Patta Transfer before the respondent on 16.11.2016 and subsequently sent another representation dated 16.12.2016 to the respondent. But, till date no steps are being taken by the respondent for patta Transfer.

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3.

Heard the learned counsel for the parties and perused the material documents available on record.

4.

Considering the facts and circumstances of the case, this Court directs the respondent to consider the petitioner's representation dated 16.12.2016 seeking Patta Transfer, on merits and in accordance with law and pass appropriate orders within a period of three months from the date of receipt of a copy of this order.

The Writ petition is disposed of with the above direction. No costs.

s/d- Assistant Registrar(CS IV) //True Copy// Sub-Assistant Registrar To:

The Tahsildar, Tirupur South Taluk, Tirupur District.

Order in W.P.No.1764 of 2017 RSI(CO) sp/16/2 https://hcservices.ecourts.gov.in/hcservices/