Madras High CourtWP(MD)/15030/2021disposed of

Venkateswaran A.S v. The Zonal Deputy Tahsildar

2021-08-24Honourable Mr Justice Senthilkumar Ramamoorthy2 pages

W.P(MD)No.15030 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.08.2021

CORAM

THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY W.P(MD)No.15030 of 2021 A.S.Venkateswaran ... Petitioner Vs.

The Zonal Deputy Tahsildar, Theni (11) Taluk, Theni (25) District, Theni - 625 531.

... Respondent Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondent to consider the petitioners patta transfer applications bearing number (i) 2021/0103/25/061275 (ii) 2021/0103/25/061276 (iii) 2021/0103/25/061278 (iv) 2021/0103/25/061279 dated 06.08.2021 for sub division of lands in S.Nos. 245/1A1, 245/1B1, 245/1C1, 245/4A, 245/4B, 245/4C respectively and issue a separate Patta.

For Petitioner :

Mr.C.Yesuraja For Respondent :

Mr.P.Subbaraj Counsel for State

ORDER

The petitioner seeks a direction for the consideration of his patta transfer applications in relation to the properties bearing S.Nos. 245/1A1, 245/1B1, 245/1C1, 245/4A, 245/4B, 245/4C at Veerapandi Village, Theni Taluk.

2.The petitioner states that he purchased the aforesaid properties under four registered sale deeds bearing document Nos.9001/2020, 9590/2020, 9593/2020 and 10364/2020. The pattas in the names of the petitioner's vendors are also enclosed. The petitioner states that he applied to the respondent to have the property measured and for issuance of a separate patta in his name. Such application was forwarded by the Revenue Divisional Officer, Periyakulam to the respondent on 20.04.2021 with a direction to consider the petitioner's request for patta. On account of the non consideration thereof till date, the present writ petition is filed. https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P(MD)No.15030 of 2021 3.Mr.P.Subbaraj, learned Counsel for the State, accepts notice on behalf of the sole respondent. He submits that the petitioner's application for mutation of patta may be considered and disposed of on merits.

4.The petitioner has produced copies of the four registered sale deeds under which he claims title. The copies of pattas in respect of multiple survey numbers, including the survey numbers in respect of which the petitioner seeks mutation of patta, have been enclosed. The documents on record also include the letter from the Revenue Divisional Officer, Periyakulam to the respondent herein, whereby the respondent was directed to consider the petitioner's application for a patta. Therefore, the petitioner is entitled to a direction for the consideration of his application for a patta. 5.Accordingly, without going into the merits of the matter the respondent herein is directed to consider the petitioner's application dated 12.02.

2021 for the grant of patta and dispose of the same by a reasoned order after providing a reasonable opportunity to the petitioner and any other persons having an interest in the property. Such reasoned order shall be passed within a period of three months from the date of receipt of a copy of this order. W.P.(MD).No.15030 of 2021 is disposed of on these terms without any orders. There is no order as to costs. Sd/- Assistant Registrar(CS-I) // True Copy // / /2021 Sub Assistant Registrar(CS) TM Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To The Zonal Deputy Tahsildar, Theni (11) Taluk,Theni (25) District, Theni - 625 531.

+1 CC to M/s.GP ( SR-27198[F] dated 25/08/2021 ) W.P(MD)No.15030 of 2021 24.08.2021 PS(CO) TR(08.09.2021) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2