Madras High CourtWP(MD)/7252/2023disposed of

Rajashankar v. The Tahsildar

2023-06-08Honourable Mr Justice C.V. Karthikeyan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.06.2023

CORAM:

THE HONOURABLE MR.JUSTICE C.V. KARTHIKEYAN P.Rajashankar ... Petitioner Vs.

1.The Tahsildar, Kulithalai Taluk, Karur District.

2.S.Kubenthan ...Respondents PRAYER : Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the first respondent to issue separate patta in favour of the petitioner in respect of 50 cents in Survey No.25/1A2A, Muthalipatti Village, Kulithalai Taluk, Karur District. For Petitioner : Mr.D.Ponnupandi For Respondents : Mr.J.Ashok Additional Government Pleader for R1 Mr.D.Ramesh Kumar for R2 1/4

O R D E R

The writ petition has been filed in the nature of a mandamus seeking a direction to the first respondent, Tahsildar, Kulithalai Taluk at Karur District, to issue separate patta in favour of the petitioner relating to 50 cents in survey No.25/1A2A in Muthalipatti Village, Kulithalai Taluk, Karur District.

2. In the affidavit filed in support of the writ petition, it had been stated that the Punja land in survey No.25/1A2A, measuring 50 cents originally belonged to one Mukayiammal, mother of the second respondent. She had sold the land to the father of the petitioner, by a sale deed dated 21.08.1987. The second respondent was a minor and she had executed the document as a guardian. It had been stated that thereafter, the petitioner has come to hold the lands consequent to various documents executed by the family members of the petitioner herein. The patta number 339 stands in the joint name of the second respondent and the petitioner herein. The petitioner seeks separate patta. 2/4

3. A direction is given to the first respondent to issue notice to the petitioner and also to the second respondent and also examine the documents of title of the petitioner herein. If the documents reveal that the petitioner has valid and lawful title, then proceed to do the needful. The first respondent may also ensure that no civil suit is pending, questioning the sale deed dated 21.08.1987, executed by the mother of the second respondent in favour of the petitioner herein. After ensuring all these aspects, the first respondent may proceed to do the needful. The entire exercise must be completed within a period of eight weeks from the date of receipt of a copy of this order.

4. This Writ petition stands disposed of. No costs. 08.06.2023 NCC : Yes / No Index: Yes/No Internet: Yes/No pnn 3/4

C.V. KARTHIKEYAN, J.

pnn To The Tahsildar, Kulithalai Taluk, Karur District.

08.06.2023 4/4