Madras High CourtWP/12736/2013disposed of

A.Kanagaraj v. The Tahsildar

2016-11-01Honourable Mr Justice M.S. Ramesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.11.2016

CORAM

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.No.12736 of 2013 A.Kanagaraj ... Petitioner

Versus

The Tahsildar, Udumalpet Taluk Office, Udumalpet, Tirupur District.

... Respondent Prayer: The Writ Petition is filed under Article 226 of the Constitution of India, seeking for a Writ of Mandamus to direct the respondent to issue patta in the name of the petitioner after proper sub-divison in respect of an extent of 8.27 acres in survey no.120 at Periyapatti Village, Udumalpet Taluk in a time bound manner.

For Petitioner : Mr.V.S.Usha Rani For Respondent : Mr.R.Govindasamy, Special Government Pleader

O R D E R

The petitioner is the owner of the extent of 8.27 acres in survey no.120 at Periyapatti Village, Udumalpet Taluk. By virtue of the sale deed registered as document no.206/11, dated 28.01.2011. At the time of purchasing the said property, the patta no.670 was assigned to the survey no.120 measuring 8.27 acres.

2. The petitioner had made an application to the respondent seeking for issuance of patta in his name. Since the respondent had not taken any action on his application for issuance of patta, the present Writ Petition is filed.

3. Though the petitioner seeks for a larger prayer for direction to the respondent to issue patta in his name, the learned counsel for the petitioner would submit that he would be satisfied if there be a direction to the respondent to consider his application for patta which is pending with the https://hcservices.ecourts.gov.in/hcservices/

respondent, after taking into consideration the earlier patta no.670, which stood in the name of the predecessor-in-title.

4. Accordingly, there shall be a direction to the respondent to consider the petitioner's application dated 03.04.2013, for issuance of patta for survey no.120 in Periyapatti Village, Udumalpet Taluk, by taking into consideration the earlier Patta no.670, which stood in the name of Arukkani and 3 others, and pass appropriate orders, in accordance with law, within a period of 8 weeks from the date of receipt of copy of this order. The respondent shall give an opportunity of personal hearing to the petitioner and any other person who are interested in the title of the said property.

5. With the above direction, the Writ Petition stands disposed of. No costs.

Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar pvs To The Tahsildar, Udumalpet Taluk Office, Udumalpet, Tirupur District.

+1cc to Mr.V.S.Usha Rani, Advocate, S.R.No.61769 +1cc to the Government Pleader, S.R.No.62130 W.P.No.12736 of 2013 GR(CO) CA(30/11/2016) https://hcservices.ecourts.gov.in/hcservices/