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Madras High CourtWP/37726/2024allowed

A.P.Velliyangiri v. The Tahsildar

2024-12-16Honourable Ms. Justice P.T. Asha4 pages

In the High Court of Judicature at Madras Dated : 16.12.2024 Coram :

The Honourable Ms.Justice P.T.ASHA Writ Petition No.37726 of 2024 A.P.Veelliyangiri

...Petitioner

Vs The Tahsildar, Pethanaickenpalayam, Salem District.

...Respondent

PETITION under Article 226 of The Constitution of India praying for the issuance of a Writ of Mandamus directing the respondent to forthwith grant patta for the properties of the petitioner namely in Survey Nos.205/3C, 205/2B, 205/3A, 205/4 and 205/2A at Abhinavam Village, Attur Taluk, Pethanaickenpalayam Sub-Registration District, Salem District by considering and passing orders on the application of the petitioner dated 27.9.2023.

For Petitioner :

Mr.K.Selvaraj For Respondent :

Mr.A.Selvendran, SGP

ORDER

Seeking a Mandamus to the respondent to consider his representation dated 27.9.2023 for the grant of patta in respect of the 1/4

properties in Survey Nos.205/3C, 205/2B, 205/3A, 205/4 and 205/2A at Abhinavam Village, Attur Taluk, Pethanaickenpalayam SubRegistration District, Salem District, the petitioner is before this Court.

2. Heard the learned counsel for the petitioner and the learned Special Government Pleader accepting notice for the respondent.

3. The case of the petitioner is that he purchased the said properties along with other properties from one Mr.T.M.K.Krishnan vide sale deed dated 10.4.2008 registered as doc.No.866 of 2008 on the file of the Sub-Registrar, Pethanaickenpalayam. The petitioner sent a representation dated 27.9.2023 to the respondent seeking to grant patta in respect of the said properties. As it did not evoke any response, the writ petition has been filed.

4. The fact that the said properties belong to the petitioner is seen from the narration in the affidavit filed in support of the writ petition. Since the petitioner acquired the said properties by way of purchase, he requested the respondent to issue patta.,

5. Considering the facts and circumstances of the case, the writ petition is allowed and a Mandamus is issued to the respondent to 2/4

consider the said representation of the petitioner dated 27.9.2023 for the grant of patta in respect of the said properties. The petitioner shall submit all the relevant records to show his title to the said properties and the respondent shall, after issuing notice to the adjacent land owners and interested parties, hold an enquiry and thereafter pass orders either granting patta in respect of the said properties or rejecting the request. In the case of rejection, a speaking order shall be passed. The aforesaid exercise shall be completed within a period of 8 weeks from the date of receipt of a copy of this order. No costs. 16.12.2024 To The Tahsildar, Pethanaickenpalayam, Salem District.

RS 3/4

P.T.ASHA,J RS 16.12.2024 4/4