Madras High CourtWP(MD)/818/2022disposed of

Baladevan.S v. The Thasildar

2022-01-20Honourable Mr Justice C.V. Karthikeyan2 pages

W.P.(MD).No.818 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.01.2022

CORAM

THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN W.P.(MD).No.818 of 2022 S.Baladevan ... Petitioner Vs.

The Tahsildar, Tahsildar Office, Thiruverumbur, Trichy - 620014.

... Respondent Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondent to issue separate patta in the petitioner's name, in Survey No.441/5A in Plot Nos.46 and 47, to an extent of 3997.5 Square feet, situated at Valavanthan Kottai Village, Thiruverumbur Taluk, Trichy District, as per the gift deed in Document No.866/2013 on the file of the Sub Registrar Office, Thiruverumbur, Trichy dated 13.02.2013, under Section 10 of Tamil Nadu Patta Pass Book Act, within a time frame fixed by this Court.

For Petitioner : Mr.J.Jeyakumaran For Respondent : Mr.J.John Rajadurai, Government Advocate.

ORDER

Mr.J.John Rajadurai, learned Government Advocate, takes notice on behalf of the respondent.

2. The Writ Petition has been filed in the nature of Mandamus seeking a direction to the respondent / the Tahsildar, Tahsildar Office, Thiruverumbur, Trichy District, to issue separate patta in the name of the petitioner with respect to lands in Survey No.441/5A in Plot Nos.46 and 47 measuring 3997.5 square feet at Valavanthan Kottai Village, Thiruverumbur Taluk, Trichy District.

3. The petitioner had been the beneficiary of a gift deed, executed by his father and registered as Document No.866/2013 in the office of the Sub Registrar, Thiruverumbur, Trichy District on 13.02.2013. The petitioner now seeks separate patta in his name. He had given necessary application on 30.08.2021. https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD).No.818 of 2022

4. It will only be advisable that the petitioner makes a fresh application through online seeking patta and also pays necessary charges in the jurisdictional treasury office. On receipt of such application, a direction is given to the respondent / the Tahsildar, Tahsildar Office, Thiruverumbur, Trichy District, to examine the said application, issue notice to the petitioner, make a field visit, if it is required, examine anybody else, who have to be examined and who might be either directly or indirectly connected with the said issue and thereafter, proceed to either grant patta or pass necessary orders indicating the reasons for refusal to do so. At any rate, a decision must be taken by the Tahsildar, Tahsildar Office, Thiruverumbur, Trichy District within a period of twelve

(12) weeks from the date of receipt of a copy of this order or from the date of receipt of a fresh application by the petitioner herein.

5. With the said observations, this Writ Petition is disposed of. There shall be no order as to costs. Sd/- Assistant Registrar(AE) // True Copy // / /2022 Sub Assistant Registrar(CS) Lm Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To The Tahsildar, Tahsildar Office, Thiruverumbur, Trichy - 620014.

+1 CC to M/s.SPL.GP ( SR-2031[F] dated 21/01/2022 ) W.P.(MD).No.818 of 2022 20.01.2022 ma(CO) TR(02.02.2022) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2