Michaelsamy v. The Revenue Divisional Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.09.2021

CORAM

THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY Michaelsamy ... Petitioner Vs.

1.The Revenue Divisional Officer, 2.The Tahsildar, ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents herein to issue patta in respect of the petitioner land (Punja) comprised in S.No.204/2 of an extent of 0.79 cents situated at Navaloor Kuttapatti Village, Srirangam Taluk, Trichy District on the basis of the petitioner application dated 17.05.2021 within the time stipulated by this Court.

For Petitioner : Mr.S.Anbazhagan For Respondents : Mr.K.S.Selvaganeshan Counsel for the State

ORDER

The petitioner seeks a direction for the issuance of patta in respect of the land bearing Survey No.204/2 of an extent of 0.79 cents at Navaloor Kuttapatti Village, Srirangam Taluk, Trichy District.

2.The petitioner states that he purchased the aforesaid property on 12.01.2021 by a registered sale deed, which was registered as document No.290/21. The said property was purchased from the legal heirs of one Ayyakannu. Subsequent to said purchase, it is stated that the petitioner has been in possession and enjoyment of the property. On 17.05.2021, the petitioner applied for a mutation of the patta in his name. The present writ petition is filed on account of the failure of the second respondent to act on the application.

3.Mr.K.S.Selvaganesan, learned counsel for the State, accepts notice on behalf of both the respondents. He submits that the 1/3

petitioner's application for issuance of patta would be considered and disposed of upon production of all relevant documents. 4.The petitioner has enclosed a copy of the registered sale deed dated 12.01.2021 bearing document No.290/21. Patta No.51 in the name of Ayyakannu is also on record. The said patta is in respect of the property bearing survey No.204/2 admeasuring 0.32 ares, which appears to approximately correspond to 0.79 cents. As such, the petitioner has made out a case to issue a direction to the second respondent.

5.Accordingly, the second respondent herein is directed to consider the petitioner's application dated 17.05.2021 for the grant of patta. The petitioner is permitted to submit all relevant documents in connection with such application within a period of two weeks from the date of receipt of a copy of this order. Upon receipt thereof, the second respondent is directed to pass a reasoned order on such application within a period of two months from the date of receipt of a copy of this order after providing a reasonable opportunity to the petitioner and any other person who would be affected by the grant of patta to the petitioner. 6.W.P.(MD).No.15484 of 2021 is disposed of on these terms without any order as to costs.

Sd/- Assistant Registrar (Records) // True Copy // / /2021 Sub Assistant Registrar(CS) 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 1.The Revenue Divisional Officer, 2/3

2.The Tahsildar, +1 CC to M/s.GP ( SR-28081[F] dated 03/09/2021 ) 01.09.2021 RS (22.09.2021) 3P 4C 3/3