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Madras High CourtWP(MD)/13957/2020disposed of

A.Mohamed Ashik v. The Tahsildar

2020-10-08Honourable Mr Justice S. Vaidyanathan2 pages

W.P(MD)No.13957 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.10.2020

CORAM:

THE HONOURABLE MR.JUSTICE S. VAIDYANATHAN W.P(MD)No.13957 of 2020 A.Mohamed Ashik ... Petitioner Vs.

1.The Tahsildar, Srivaikundam Taluk, Tuticorin District.

2.The Head Surveyor, Srivaikundam Taluk, Tuticorin District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the first respondent to issue individual patta to the petitioner's property in Sale Deed dated 16.07.2020 registered before the Sub Registrar Office, Murappanadu vide Doc. No.1194/2020 within the time stipulated by this Court.

For Petitioner : Mr.D.Selvanayagam For respondents : Mr.M.Muniyasamy Additional Government Pleader

ORDER

This writ petition has been filed for issuance of a Writ of Mandamus directing the first respondent to issue individual patta to petitioner for the property registered vide Sale Deed dated 16.07.2020 before the Sub Registrar Office, Murappanadu vide Doc. No.1194/2020 within the time stipulated by this Court. 2.Heard the learned Counsel appearing for the petitioner and Mr.M.Muniyasamy, learned Additional Government Pleader, who took notice for the respondents. By consent, the writ petition is taken up for disposal at the admission stage itself. 3.The learned Counsel appearing for the petitioner submitted that the petitioner has purchased a house site bearing Plot No.15 measuring to an extent of 2300 sq. ft. in Survey No.169/3 situated in Palayamkottai Registration District in https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P(MD)No.13957 of 2020 Araampannai Village, Srivaikundam Taluk, Tuticorin District, from his mother. The said property is now subdivided and the survey number is 169/3C1A. Though the second respondent measured and fixed four boundaries to the property along with Firka Surveyor on 17.08.2020, so for no individual patta has been issued in favour of the petitioner. Therefore, the petitioner has come forward with the present Writ Petition.

4.Considering the facts and circumstances, the first respondent is directed to issue individual patta based on the report submitted by the second respondent and the documents produced by the petitioner, if there are no legal impediments, after hearing the petitioner and the persons who are likely to be affected. Such exercise shall be completed within a period of three months from the date of receipt of a copy of this order. It is made clear that this Court has not decided the rights of the parties in the present Writ Petition. It is open to the respondents to decide the same. The directions given in W.P(MD). No.7746 of 2020 batch, dated 23.09.2020 and W.P.(MD)No.13465 of 2020 dated 05.10.2020 should be followed wherever it is applicable.

5. With the above direction, the writ petition is disposed of. No costs.

Sd/- Assistant Registrar(CS-III) // True Copy // / /2020 Sub Assistant Registrar(CS) SRM To 1.The Tahsildar, Srivaikundam Taluk, Tuticorin District.

2.The Head Surveyor, Srivaikundam Taluk, Tuticorin District.

+1 CC to M/s.D. SELVANAYAGAM, Advocate ( SR-19507[F] dated 08/10/2020 ) W.P(MD)No.13957 of 2020 08.10.2020 vr(CO) TR(22.10.2020) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2