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Madras High CourtWP(MD)/16373/2015disposed of

R.Mariappan v. The Tahsildar

2015-09-09Honourable Mr Justice R.Subbiah2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.09.2015

CORAM

THE HONOURABLE MR.JUSTICE R.SUBBIAH W.P.(MD)No.16373 of 2015 R.MARIAPPAN .. Petitioner Vs.

THE TAHSILDAR, DINDIGUL TALUK (WEST), DINDIGUL DISTRICT.

.. Respondent Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the respondents to consider the representation of the petitioner dated 18.8.2015 and issue patta in favour of the petitioner for the lands comprised in Survey No 12/7A in an extent of 3.43 Acres in Survey No.226/4D in an extent of 95 cents situated at Old Kannivadi Village and Survey No. 87/4C in an extent of 56 cents in Survey No.89/6A in an extent of 2.65 Acres in Survey No.90/1 in an extent of 42 cents in Survey No.90/2 in an extent of 1.61 Acres and in Survey No.89/3 in an extent of 68 cents situated at Chathirapatti Village, Dindigul Taluk (West), Dindigul District within a stipulated time, fixed by this Court.

For Petitioner : Mr.R.R.Kannan For Respondent : Mr.G.Muthukannan Government Advocate

O R D E R

This writ petition has been filed for a Writ of Mandamus directing the respondents to consider the representation of the petitioner, dated 18.8.2015 and issue patta in favour of the petitioner for the lands comprised in Survey No.226/4D to an extent of No.12/7A to an extent of 3.43 Acres in Survey No.226/4D to an extent of 95 cents, situated at Old Kannivadi Village, and Survey No. 87/4C to an extent of 56 cents; in Survey No.89/6A to an extent of 2.65 Acres; in Survey No.90/1 to an extent of 42 cents; in Survey No.90/2 to an extent of 1.61 Acres and in Survey No.89/3 to an extent of 68 cents, situated at Chathirapatti Village, Dindigul Taluk (West), Dindigul District, within a stipulated time.

2.The case of the petitioner is that the petitioner is the absolute owner of the landed properties to an extent of 10 acres 37 cents purchased from one J.Anandaraj, S/o.Jeyaram and J.Balamurugan, S/o.Jeyaraman comprised in different survey numbers situate at Old Kannivadi Village and Chathirapatti Village, Attur Taluk, Dindigul District by virtue of a sale deed bearing registration No.1533/2012, dated 25.06.2012. The petitioner is in peaceful possession and enjoyment of the above landed property from the year 2012 onwards. He is cultivating various crops in the above said property. At the time of registration of sale deed itself, the vendor of the petitioner has given consent to change patta in favour of the petitioner. The Registration https://hcservices.ecourts.gov.in/hcservices/

Department has also charged a sum of Rs.50/- towards patta transfer charges. So far, the respondent herein has not made any mutation in the revenue records by way of changing the patta in favour of the petitioner. The petitioner has also remitted a sum of Rs.280/- as patta transfer charges on the credit of the respondent on 18.08.2015. Thereafter, the petitioner has made a representation dated 18.08.2015 to the respondent for transfer of patta in favour of the petitioner for the above stated landed property. But the same has not been considered so far. Hence, the petitioner has come forward with this writ petition. 3.Heard the learned counsel for the petitioner and the learned Government Advocate appearing for the respondent. 4.

Considering the facts and circumstances of the case, without going into the merits of the matter, this Court directs the respondent to consider the representation of the petitioner dated 18.08.2015, after affording opportunity to the petitioner and other necessary parties, if any, and pass appropriate orders on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order. It is made clear that this Court has not expressed any opinion about the merits of the case.

5.This writ petition stands disposed of accordingly. No costs. Sd/- Assistant Registrar(AS) /True Copy/ Sub Assistant Registrar.

To THE TAHSILDAR, DINDIGUL TALUK (WEST), DINDIGUL DISTRICT.

+1CC to M/s.R.R.Kannan,Advocate, SR.No.53164. W.P.(MD)No.16373 of 2015 09.09.2015 AM/22.09.2015/GSV.PM/SAR-I/2P/3C https://hcservices.ecourts.gov.in/hcservices/