Madras High CourtWP/15747/2018disposed of

P.Anbazhagan, v. The Tahsildar

2021-03-18Honourable Mr Justice S.S. Sundar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 18.03.2021

CORAM

THE HONOURABLE MR. JUSTICE S.S.SUNDAR W.P.No.15747 of 2018 P.Anbazhagan S/o.Pachaiyappan ... Petitioner Vs.

The Tahsildar, Taluk Office, Tiruvannamalai, Tiruvannamalai District.

... Respondent Prayer: Petition filed Under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, to direct the respondent to consider the petitioner application for change of Patta dated 11.05.2017 within the time stipulated by this Court. For Petitioner : Mr.K.Silambarasan For Respondent : Mrs.A.Madhumathi Special Government Pleader

ORDER

The writ petition is filed for issuing a Writ of Mandamus, to direct the respondent to consider the petitioner's application for change of Patta dated 11.05.2017 within the time stipulated by this Court.

2.The petitioner purchased the property from one Ramalingam measuring an extent of 1320 Sq.ft in Ward No.4, Block No.10 and in Town Survey No.346 vide document No.1919 of 2008 dated 28.04.2008. Again the petitioner purchased another property from one Thennarasu to an extent of 0.73 Acre vide document No.4755 of 2018 dated 18.12.2008. Thereafter, the petitioner made a representation for change of patta in the name of the petitioner. Since, the representation has not been considered, the present writ petition is filed.

3.The petitioner will be entitled to get patta only if his vendor had tittle and possession of the property even as per Tamil Nadu Patta Pass Book Act, which is not applicable to house sites.

The respondent is required to consider the representation for change of patta or revenue records only if the petitioner establish that the petitioner has purchased the property from the rightful owner. Therefore, the petitioner is https://hcservices.ecourts.gov.in/hcservices/

directed to produce the necessary documents before the respondent for his consideration.

4.Having regard to the limited scope of the petition, this Court, without expressing any opinion on the merits of the petitioner's representation, direct the respondent to consider the representation submitted by the petitioner dated 11.05.2017 and dispose of the same in accordance with law. This exercise shall be done by the respondent within a period of eight weeks from the date of receipt of a copy of this order. With the above directions, the writ petition is disposed of. No Costs.

Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar To The Tahsildar, Taluk Office, Tiruvannamalai, Tiruvannamalai District.

+1cc to The Government Pleader SR.NO..17763 AKM/09.04.21/2P-3C/ W.P.No.15747 of 2018 18.03.2021 https://hcservices.ecourts.gov.in/hcservices/