Madras High CourtWP(MD)/3942/2022disposed of

Thiyagarajan v. The Thasildar

2022-03-03Honourable Mr Justice Abdul Quddhose2 pages

W.P.(MD)No.3942 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.03.2022

CORAM

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE W.P.(MD)No.3942 of 2022 Thiyagarajan ... Petitioner vs.

The Tahsildar, Kulithalai Taluk Office, Kulithalai, Karur District.

... Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, to direct the respondent herein to issue patta in the petitioner's name in Survey No.377/5 in extent of 0.72 cents situated at Rachandar Thirumalai Village, Kulithalai Taluk, Karur District vide Application No.2021/0105/14/069975 dated 14.07.2021 based on the registered sale deed in document No.5036/2021 dated 14.07.2021. For Petitioner :Mr.M.Maran For Respondent :Mr.D.Sasikumar Additional Government Pleader

O R D E R

This Writ Petition has been filed for a Mandamus seeking for a direction to the respondent to issue patta in the name of the petitioner for Survey No.377/5 in extent of 72 cents situated at Rachandar Thirumalai Village, Kulithalai Taluk, Karur District, based on the petitioner's application, dated 14.07.2021 within a time frame to be fixed by this Court.

2.It is the case of the petitioner that he is the absolute owner of the aforementioned properties having purchased the same under a sale deed, dated 14.07.2021. According to him, though along with the registered sale deed, an application seeking for transfer of patta in his name was filed before the Registration Department, the said application has not been considered till date. In such circumstances, he has filed this Writ Petition. 3.Heard Mr.M.Maran, learned Counsel for the petitioner and Mr.D.Sasikumar, learned Additional Government Pleader, who accepts notice on behalf of the respondent.

4.On instructions, the learned Additional Government Pleader appearing for the respondents, would submit that the petitioner will have to file a fresh application seeking for issuance of patta in his name for the aforementioned property, as the earlier application was submitted along with the sale deed, which was presented for registration.

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W.P.(MD)No.3942 of 2022 5.The learned Counsel for the petitioner would also submit that the petitioner is willing to submit a fresh application provided the respondent considers the said application within a time frame to be fixed by this Court. The said statement is recorded. 6.Accordingly, this Court directs the petitioner to submit a fresh application seeking for issuance of patta in his name for the property comprised in Survey No.377/5 measuring an extent of 72 cents situated at Rachandar Thirumalai Village, Kulithalai Taluk, Karur District, within a period of one week from the date of receipt of a copy of this order. On receipt of the said application, the respondent shall pass final orders on the said application within a period of twelve weeks thereafter, after affording a fair hearing to the petitioner.

7.With the above observation, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar (CRL) // True Copy // / /2022 Sub Assistant Registrar(CS) cmr To The Tahsildar, Kulithalai Taluk Office, Kulithalai, Karur District.

+1 CC to M/s.M.MARAN, Advocate ( SR-9858[F] dated 03/03/2022 ) +1 CC to M/s.SPL GP ( SR-10194[F] dated 04/03/2022 ) W.P.(MD)No.3942 of 2022 03.03.2022 MGJ(17.03.2022) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2