Madras High CourtWP(MD)/5588/2023disposed of

S.Rengasamy v. The Tahsildar

2023-03-15Honourable Mr Justice C.V. Karthikeyan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.03.2023

CORAM:

THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN S.Rengasamy ... Petitioner Vs.

The Tahsildar Taluk Office, Theni, Theni District.

... Respondent PRAYER : Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondent herein to issue patta to the petitioner for the lands in S.No.165/2 and Resurvey No.165/2A to an extent of 7470.03 square feet in Karuvelnayakanpatti, Allinagaram, Theni Allinagaram by considering the petitioner's representation, dated 04.01.2019 and subsequent reminder dated 04.02.2023.

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For Petitioner : Mr.K.Hemakarthikeyan For Respondent : Mr.J.Ashok, Additional Government Pleader

O R D E R

The writ petition has been filed in the nature of a Mandamus seeking a direction to the respondent / Tahsildar, Taluk Office, Theni, Theni District, to issue patta to the petitioner for the lands in Survey No. 165/2, Resurvey No.165/2A measuring 7470.03 sq.ft. at Karuvelnayakanpatti, Allinagaram, Theni. The petitioner had given a representation on 04.01.2019 and another reminder on 04.02.2023.

2. In the affidavit filed in support of the writ petition, it had been stated that the petitioner had purchased the property on 28.05.2008 by document No.3477 of 2008 registered in the Office of the Sub Registrar, Theni. The petitioner claims that he is in possession of the lands. The petitioner had also purchased another portion of the said land by a sale deed, dated 28.05.2008, but registered as Document No.3478 of 2/5

2008. That land measured 4075.5 sq.ft. The petitioner applied for grant of patta in the year 2019.

3. It will only be appropriate that the petitioner applies afresh through online, seeking patta and pays the necessary charges. If it is done so, the respondent/ Tahsildar, may issue notice to the petitioner and also issue notice to any of the adjacent land owners and after coming to subjective satisfaction do the necessary needful. The said exercise by the Tahsildar should be completed within a period of twelve (12) weeks from the date of fresh application for patta filed by the petitioner herein.

4. With the above direction, the writ petition stands disposed of. No costs.

15.03.2023 Index :Yes/No Internet :Yes/No NCC : Yes / No RM 3/5

To The Tahsildar Taluk Office, Theni, Theni District.

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C.V.KARTHIKEYAN, J.

RM 15.03.2023 5/5