A.John Edwin v. The Tahsildar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.03.2015

CORAM

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM WP.No.8482 of 2015

1. A.John Edwin

2. J.Noel Peter

3. J.Hubert Peter

4. J.Silvia ..

Petitioners

Versus

The Tahsildar Palladam, Coimbatore.

..

Respondent Writ petition filed under Article 226 of the Constitution of India praying for a writ of mandamus directing the respondent to survey, measure, demarcate and fix the four boundaries of the petitioners' property morefully described in the sale deeds dated 01.12.2010 registered as Document Nos.17478 of 2010 and 17479 of 2010 on the file of the Sub Registrar, Palladam, Tirupur District For Petitioners:

Mr.K.S. Karthik Raja For Respondent :

Mr.S.Gunasekaran Government Advocate

ORDER

Heard Mr.K.S.Karthik Raja, learned counsel appearing for the petitioners and Mr.S.Gunasekaran, learned Government Advocate accepting notice for the respondent and with their consent, the writ petition itself is disposed of at the admission stage itself. 2.

The petitioners said to have purchased lands to an extent of 2 acres in Survey No.440/1A in Kodangipalayam Village, Palladam Circle, Palladam Sub Registration District, Tirupur District, registered as document No.17478 of 2010 dated 01.12.2010 and the petitioners 2 to 4 herein have purchased lands to an extent of 2 acres in Survey No.440/1A in Kodangipalayam Village, Palladam Circle, Palladam Sub Registration District, Tiruppur District registered as Document No.17479 of 2010 dated 01.12.2010. After the purchase of the said property, now the petitioners' seek for grant of patta and has made an application in this regard on 03.06.2014. Since the application has not been considered, in spite of a reminder by way of https://hcservices.ecourts.gov.in/hcservices/

a representation 10.03.2015, the petitioners have approached this Court by way of this writ petition.

3.

It is seen that the petitioner have purchased the property in question which forms part of a larger extent owned by Maryland Housing Private Limited, who appears to be the promoter of the layout holding the remaining extent of land.

4.

In the light of the above, there will be a direction to the respondent to consider the petitioners' representation 03.06.2014 and the reminder dated 10.03.2015 on merits and in accordance with law, after issuing notice to the petitioner and to the promoter of the layout or the owner of the larger extent of the property from whom the petitioners have purchased and after hearing the parties in person and thereafter, pass a reasoned order on merits and in accordance with law within a period of eight weeks from the date of receipt of a copy of this order.

5.

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

Sd/- Assistant Registrar True Copy Sub Assistant Registrar To The Tahsildar Palladam, Coimbatore.

+1 cc to Mr.K.S.Karthik Raja, Advocate,SR.16637 +1 cc to the Government Pleader,SR.16981.

rj(co) krd 7/4 WP.No.8482 of 2015 https://hcservices.ecourts.gov.in/hcservices/