Gopal v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.03.2025

CORAM

THE HON'BLE MR.JUSTICE P.B.BALAJI Gopal : Petitioner Vs.

1.The District Collector, Tiruchirappalli District, Tiruchirappalli.

2.The Tahsildar, Taluk Office, Manapparai - 621 306.

Tiruchirappalli District.

: Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for a Writ of Mandamus, directing the second respondent to transfer Patta No.526 of Thoppampatty Village, Manapparai Taluk, Tiruchirappalli District to the petitioner's name based on the representation dated 25.11.2024 given to the first respondent and forwarded to the second respondents. 1/5

For Petitioner : Mr.T.M.Madasamy For Respondents : Mr.B.Saravanan, Additional Government Pleader

O R D E R

The petitioner seeks for issuance of patta based on unregistered sale deed in his favour from his vendor. The case of the petitioner is that his vendor has been issued patta by the second respondent Tahsildar and subsequently on 13.02.2003, the petitioner has purchased the property for valuable sale consideration. However, the conveyance was by way of unregistered document. It is however, the specific case of the petitioner that the petitioner has taken possession of the property more than 20 years back and has been in continuous physical possession and has been paying all taxes in the petitioner's name to the authorities. It is also the specific case of the petitioner that the petitioner's vendor's whereabouts are not known and hence, the petitioner is unable to get any "No Objection Certificate" or a sale deed registered in his favour.

Therefore, in the available circumstances, the petitioner has made an application on 25.11.2024, seeking issuance of patta in the petitioner's name. 2.

petitioner's application for patta based on long continuous possession and the fact that patta has been issued in favour of the petitioner's vendor, the second respondent shall take independent decision on merits and in accordance with law, within a period of eight [8] weeks from the date of receipt of a copy of this order. 3.With the above direction, this Writ Petition stands disposed of. There shall be no order as to costs. 14.03.2025 Index :Yes / No Internet : Yes / No NCC : Yes/No MR 3/5

To 1.The District Collector, Tiruchirappalli District, Tiruchirappalli.

2.The Tahsildar, Taluk Office, Manapparai - 621 306.

Tiruchirappalli District.

4/5

P.B.BALAJI.

, J.

MR 14.03.2025 5/5