Palanisamy, v. The Zonal Deputy Tahsildar,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.04.2019

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.5232 of 2019 Palanisamy ... Petitioner Vs The Zonal Deputy Tahsildar, Aravakuruchi (2) Taluk, Karur District.

... Respondent PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus, calling for the records relating to the proceedings in 2018/0103/14/059154 dated 24.11.2018 on the file of the respondent and quash the same and directing the respondent to issue patta in favour of the petitioner in survey No.14/B1, 14/B2, 14/A1, 15/B1, 15/B3, 16/B3 measuring a property 3 Ko mfyk; and 355 meters in Thathampalayam, Punnam Village, Aravakuruchi Taluk, Karur District on the basis of the sale deed dated 16.04.1951 and 03.07.1951.

For Petitioner : Mr.G.Karnan For Respondent : Mr.K.Mu.Muthu Additional Government Pleader

ORDER

Heard the learned counsel on either side.

2.The petitioner sought issuance of patta. The petitioner's request was rejected for the reason that in the document filed by the petitioner only pathway enjoyment has been set out and that no area has been mentioned. But in the counter affidavit the stand taken by the respondent is that there is a title dispute. Thus, there is no clarity in the stand taken by the respondent.

3.In this view of the matter, the order impugned in this writ petition stands quashed and the matter is remitted to the file of the respondent to pass orders afresh in accordance with law, after hearing the writ petitioner. The entire exercise shall be completed within a period of three months from the date of receipt of a copy of this order. https://hcservices.ecourts.gov.in/hcservices/

4.The Writ Petition is allowed accordingly. No costs. Sd/- Assistant Registrar (w) // True Copy // Sub Assistant Registrar(CS) To The Zonal Deputy Tahsildar, Aravakuruchi (2) Taluk, Karur District.

+1cc to Mr.G.KARNAN, Advocate, SR.No. 64566 +1cc to M/s.Special Government Pleader,SR.No. 65018 W.P.(MD)No.5232 of 2019 29.04.2019 RMK KK/SAR/21.05.2019/ 2P- 4C https://hcservices.ecourts.gov.in/hcservices/