P.R.Rangasamy v. The Tahsildar
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 17.12.2024
CORAM
THE HONOURABLE Ms. JUSTICE P.T.ASHA P.R.Rangasamy
...Petitioner
Vs.
1. The Tahsildar, Pappireddipatti Taluk, Dharmapuri District
2. Aasaithambi
...Respondents
Prayer : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the respondent (the Tahsildar, Pappireddipatti Taluk, Dharmapuri District) to change the patta based on the application preferred by petitioner dated 31.07.2024 in petition No.2024/0123/05/004851 within the stipulated time as fixed.
For Petitioner : Mr.K.J.Shiva Arudhra For Respondent 1 : Mr.M.R.Gokul Krihsnan Aditional Government Pleader 1/5
ORDER
This writ petition has been filed seeking to issue a mandamus directing the 1st respondent to change the patta based on the application preferred by the petitioner dated 31.07.2024 in petition No.2024/0123/05/004851 within a stipulated time.
2. It is the case of the petitioner that he is the owner of the property situated in Dharmapuri Registration District, Pappireddipatti Sub Registration and Taluk Pappireddipatti Village in Survey No.3/1B measuring an extent of 3.85 acres and in Survey No.3/1C measuring an extent of 3.12 acres. The said property was purchased by him from his wife, R.Padmapriya through a registered Sale Deed dated 23.02.2024 which was originally owned by her grand mother, Perumayee. Due to some dispute between his grandmother, and the petitoner's father's brother, Aasaithambi, the 2nd respondent herein, the said Aasaithambi had filed a suit O.S.No.94 of 2000 on the file of the District Munsif 2/5
Court, Harur. The said suit was dismissed on 17.11.2004. Against the said judgment and decree, the said Aasaithambi had filed an appeal in A.S.No.4 of 2005 on the file of the Sub Court, Dharmapuri, which was also dismissed on 27.10.2006. He then preferred a second appeal before this Court in S.A.No.869 of 2007, which was also dismissed on 31.01.2024. After obtaining the decree, the petitioner's wife had executed a sale deed in his favour. After registration of the Sale Deed, the petitioner filed an application before the respondent for the issuance of patta in his favour by paying the neceeesay charges. Though the application was made on 31.06.2024, no orders have been passed to date. Hence, the petitioner is before this Court.
3. Heard the learned counsels on either side.
4. Considering the above facts and circumstances of case, the writ petition is allowed and a mandamus is issued to the 1st respondent to consider the application of the petitioner and pass orders granting patta 3/5
within a period of 12 weeks from the date of receipt of a copy of this order. In case of the rejection, the 1st respondent shall pass a speaking order. No costs.
17.12.2024 Index : Yes/No Internet : Yes srn To
1. The Tahsildar, Pappireddipatti Taluk, Dharmapuri District 4/5
P.T.ASHA, J.
srn 17.12.2024 5/5