K.Veeraraghavan v. The Tahsildhar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.09.2021

CORAM:

THE HON'BLE MRS. JUSTICE V.BHAVANI SUBBAROYAN W.P. No.17468 of 2019 K. Veeraraghavan ... Petitioner -VsThe Tahsildar, Tirukkazhukkundram Taluk, Desumugipet, Tirukkazhukkundram, Kanchipuram District - 603 109.

... Respondent PRAYER: This Petition is filed under Article 226 of the Constitution of India, praying for the issue a Writ of Mandamus, directing the respondent to grant patta to the petitioner in respect of his entire property measuring about to an extent of 1638 Sq.Ft. situated at Tirukkazhukkundram Village Old S.No.29/1B1A, New S.No.29/9 as per the petitioner representations dated 17.10.2016 and 27.11.2017 and pass appropriate orders accordingly.

For Petitioner :: Mr. R. Anandha Babu For Respondent :: Mr. Veluchamy (Government Advocate)

O R D E R

The relief sought for in this writ petition is for a direction to the respondent to grant patta to the petitioner in respect of his entire property measuring about to an extent of 1638 Sq.Ft. situated at Tirukkazhukkundram Village Old S.No.29/1B1A, New S.No.29/9 as per the petitioner representations dated 17.10.2016 and 27.11.2017 and pass appropriate orders accordingly.

2.Heard, the learned counsel for the petitioner and the learned Government Advocate for the respondent as well as perused the material available on records.

3. Having considered the facts and circumstances of the case and submissions of the learned counsel on either side, the grievance of the petitioner is that despite the subject property was registered to the extent of 1638 Sq.Ft by virtue of Sale Deed dated 02.03.2004 in Document No.688/2004 on the file of the SRO, Tirukkazhukkundram, the Patta was issued to the lesser extent in stead of extent of 1638 to the petitioner herein. Hence, the petitioner has made representations dated 17.10.2016 & 27.11.2017 to the respondent herein for appropriate action.

4. On a perusal of the typed set of papers, it is noticed that the petitioner has filed only Sale Deed dated 02.03.2004 and representations given by him. However, the Patta copy has not been produced to verify with regard to the lesser extent which is said to have been wrongly mentioned in the Patta. Under such circumstances, this Court is not in a position to pass appropriate orders on his representations without knowing the details of extent mentioned in the Patta. Hence, the petitioner is directed to submit fresh representation to the respondent herein through online within a period of two weeks from the date of receipt of copy of this order. The respondent shall pass appropriate orders after perusing relevant documents which has been produced by the petitioner herein within a period of Six months, after receipt of the petitioner's online application in accordance with law. It is made clear that this Court has not expressed any opinion with regard to the merits of the case.

5.With the aforesaid directions, this Writ petition is disposed of. Consequently, connected miscellaneous petition is closed if any. There shall be no order as to costs. SD/- ASSISTANT REGISTRAR // TRUE COPY // SUB ASSISTANT REGISTRAR

Lbm To:

The Tahsildar, Tirukkazhukkundram Taluk, Desumugipet, Tirukkazhukkundram, Kanchipuram District - 603 109.

+1cc to M/s.R.Anandha Babu, Advocate Sr.50367 +1cc to the Government Pleader Sr.51547 W.P. No.17468 of 2019 pl[co] srg 27/12/2021