P.Ramar, S/O.S.Palavesam v. The Tahsildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.07.2017

CORAM:

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM W.P.(MD)No.12499 of 2017 P.Ramar ... Petitioner Vs.

1. The Tahsildar, Madurai North Taluk, Madurai.

2. The Village Administrative Officer, Thiruppalai, Madurai.

3. The Firka Surveyor, Thiruppalai Firka, Thiruppalai, Madurai -14.

... Respondents PRAYER:Petition is filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the first respondent to issue patta in the petitioner's name the house property located at S.F.No.98/5 to an extent of 1483 sq. feet at Thiruppalai Village, Madurai on the basis of the petitioner's patta transfer application in RTR No.1003/2012 within time fixed by this Court.

For Petitioner : Mr.A.R.Kannappan For Respondents : Mr.C.Selvaraj Special Government Pleader

O R D E R

This Writ Petition is filed for the issuance of a Writ of Mandamus directing the first respondent to issue patta in the name of the petitioner for the house property located in S.F.No.98/5 to an extent of 1483 sq. feet at Thiruppalai Village, Madurai, on the basis of his patta transfer application in RTR No.1003/2012 within time fixed by this Court.

2. Mr.C.Selvaraj, learned Special Government Pleader takes notice on behalf of the respondents. By consent, this Writ Petition is taken up for final disposal at the admission stage itself. https://hcservices.ecourts.gov.in/hcservices/ 3.The case of the petitioner is that he purchased the property to an extent of 1483 sq. feet in S.F.No.98/5 in Thiruppalai Village,

Madurai, through a registered sale deed dated 25.11.2010. From the date of purchse, the petitioner has been in possession and enjoyment of the property. The petitioner would state that on 02.05.2012, he applied for transfer of patta in his name and also annexed necessary documents. It is further stated that the petitioner has paid necessary fees. Despite the same, there is no action has been taken in the past five years. Hence, the present writ petition is filed. 4.Mr.A.R.Kannappan, learned counsel appearing for the petitioner would submit that the petitioner applied with the second respondent to ascertain the status of his application and it was informed that the application is pending consideration before the first respondent.

5.Considering the limited scope of the prayer sought for in this writ petition, this Court without going into the merits of the claim made by the petitioner in this Writ Petition, directs the first respondent to pass appropriate orders on the application of the petitioner in RTR No.1003/2012 on merits and in accordance with law, after providing opportunity of hearing to the petitioner as well as interested parties, if any, within a period of eight weeks from the date of receipt of a copy of this order.

6. With the above direction, this Writ Petition stands disposed of. No costs.

Sd/- Assistant Registrar (CS-I) /True Copy/ Sub Assistant Registrar To:

1. The Tahsildar, Madurai North Taluk, Madurai.

2. The Village Administrative Officer, Thiruppalai, Madurai.

3. The Firka Surveyor, Thiruppalai Firka, Thiruppalai, Madurai -14.

+ 1 CC TO Mr.A.R.KANNAPPAN, ADVOCATE IN SR No. 63751 + 1 CC TO SPECIAL GOVERNMENT PLEADER IN SR No. 63945 VSG TE/JC/SAR-II : 14/07/2017 : 2P/6C W.P.(MD)No.12499 of 2017 06.07.2017 https://hcservices.ecourts.gov.in/hcservices/