Mr.T.I.Royappa v. The Tahsildar,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED:26.07.2016
CORAM
THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN W.P.No.25903/2016 1.Mr.T.I.Royappa 2.Mr.T.I.Irudayaraj ..Petitioners -Versus1.The Tahsildar Tiruvallur Taluk Tiruvallur.
2.The Zonal Deputy Tahsildar Tiruvallur Taluk, Tiruvallur District. ..Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, seeking for a writ of mandamus directing the respondents to implement the 1st respondent's order dated 06.06.2016 passed in Reference No.e/f/vz; 2783/2016/M3 for the issuance of Joint Patta in the name of petitioners in respect of the agricultural land comprised in Survey No.361/1 measuring 4 acres 45 cents and survey No.361/2B measuring 4 acres 16 cents situated at Perambakkam village, Tiruvallur Taluk and Tiruvallur District in patta No.620, as per the Village records by entering the petitioners name as joint patta holders in their revenue records by making necessary corrections in their computer, in this regard. For Petitioners : Mr.N.Nagu Sah For R1 & R2 : Mr.R.Govindasamy, Spl.GP
ORDER
By consent, the writ petition is taken up for final disposal.
The petitioners would state that they are the absolute owners of the lands comprised in S.No.361/1 measuring 4 acres 45 cents and survey No.361/2B measuring 4 acres 16 cents situated at Perambakkam village, Tiruvallur Taluk and District and the said lands were jointly purchased through a registered Sale Deed bering document No.3551/2006 dated 01.12.2006, registered on the file of the office of the Sub Registrar, Perambakkam. The petitioners, ever since claim to be in possession and enjoyment of the same. The petitioners https://hcservices.ecourts.gov.in/hcservices/
were also issued with a joint patta bearing No.620 and to their shock and surprise, they came to know that the respondents, without any notice whatsoever, has transferred the patta in the name of a dead person, viz., Thiru.Thalappani Duraisamy Naidu. The petitioners in this regard, submitted a representation and the 1st respondent, vide proceedings in e/f/vz; 2783/2016/M3 dated 06.06.2016, has ordered necessary correction and grant of patta in favour of the petitioners and since the said order has not been implemented, they came forward to file the present writ petition.
Heard the submissions of the learned counsel for the petitioners and Mr.R.Govindasamy, learned Special Government Pleader who accepts notice on behalf of the respondents. This Court, in the light of the above facts and circumstances, directs the 2nd respondent to take into consideration the proceedings of the 1st respondent dated 06.06.2016 in e/f/vz; 2783/2016/M3 and pass further orders in accordance with law, subject to any challenge being made to the said order by the persons concerned.
The writ petition is disposed of accordingly. No costs.
AP Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To 1.The Tahsildar Tiruvallur Taluk Tiruvallur.
2.The Zonal Deputy Tahsildar Tiruvallur Taluk, Tiruvallur District.
+1cc to Mr.N.Nagu Sah, Advocate S.R.No.42526 +1cc to the Government Pleader, S.R.No.42421 KR/4/8/16 W.P.No.25903/2016 https://hcservices.ecourts.gov.in/hcservices/