Madras High CourtWP/40338/2015disposed of

V.Venkatakrishna Reddy v. The Tahsildar

2015-12-21Honourable Mr Justice M.M.Sundresh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.12.2015

CORAM

THE HON'BLE Mr. JUSTICE M.M.SUNDRESH W.P.No.40338 of 2015 V.Venkatakrishna Reddy ..Petitioner Vs.

The Tahsildar Ponneri Taluk Office Ponneri 601 204 Tiruvallur District ..Respondent Petition filed under Article 226 of The Constitution of India praying to issue a writ of mandamus directing the respondent to consider the representation of the petitioner dated 10.6.2015 for restoration of patta in the name of the petitioner in respect of the property being agricultural nanja land comprised in Survey No.14/5 measuring an extent of 1.47 acres, situated at Velur Village, Ponneri Taluk, Tiruvallur District.

For Petitioner ..

Mr.R.Munuswamy For Respondent ..

Mr.S.Pattabiraman Govt. Advocate

ORDER

A representation was made by the petitioner on 10.06.2015 stating that despite the order passed by the Debts Recovery Tribunal in S.A.SR.No.4079 of 2010 dated 27.02.2015 setting aside the sale certificate, the unilateral change of patta in favour of the persons in whose name the sale was effected by the bank has not been changed subsequently in favour of the petitioner with respect to the property situated in S.No.14/5 at Velur Village, Ponneri Taluk, Tiruvallur District measuring to the extent of 1.47 acres. As the representation is still pending consideration, the present writ petition has been filed.

2. Considering the limited scope of prayer sought for by the petitioner and without going into the merits of the case, a direction is issued to respondent to pass appropriate orders after affording opportunity to the petitioner and the person in https://hcservices.ecourts.gov.in/hcservices/

whose name the patta stands as of now. It is open to the respondent to approach the bank which effected the sale in favour of the said person. Similarly, the respondent can also hear the person, who mortgaged the property in favour of the bank.

The writ petition is disposed of accordingly. No costs. Sd/- Assistant Registrar(Cs-IV) /TRUE COPY/ Sub-Assistant Registrar kua To The Tahsildar Ponneri Taluk Office Ponneri 601 204 Tiruvallur District +1 CC to Govt.Pleader. SR.NO. 69192 +1cc to Mr. R. Munuswamy, Advocate Sr 69140 [12.2.2016] W.P.No. 40338 of 2015 CO-VGI JD 05/01/2016 https://hcservices.ecourts.gov.in/hcservices/