Selvaraj v. The Revenue Divisional Officer

W.P(MD)No.16035 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.09.2021

CORAM

THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY W.P(MD).No.16035 of 2021 Selvaraj ... Petitioner Vs.

1.The Revenue Divisional Officer, Dindigul, Dindigul District.

2.The Thasildar, Natham Taluk, Natham,Dindigul District ... 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 to consider the petitioner representation dated 04.08.2021 to issue a patta in favour of the petitioner in respect of the land in old survey No.369/1B new survey No.435/20 situated at Velampatti village, Ashok Nagar, Natham Taluk, Dindigul District. For Petitioner : Mr.B. Vinothkumar For Respondents : Mr.K.S.Selva Ganesan Counsel for the State

ORDER

The petitioner seeks a direction for the issuance of a patta in his favour pursuant to the representation dated 04.08.2021. 2.The petitioner states that he purchased a land bearing old survey No.369/1B new survey No.435/20 situated at Velampatti village, Ashok Nagar, Natham Taluk, Dindigul District. It is stated that such land was purchased under sale deed dated 28.10.1985. The petitioner states that he constructed four houses on the said land after obtaining the requisite permission in such regard. He also obtained an electricity connection. In addition, it is stated that he applied for and obtained a housing loan after the title of the property was evaluated by the Bank's legal advisor. The present writ petition is filed on account of the alleged failure of the respondent to take action on the request for patta.

3. Mr.K.S.Selva Ganesan, learned counsel for the State, accepts notice on behalf of both the respondents. On instructions, he submits that the petitioner's request could not be acted upon on account of the fact that the revenue records are not tallying with the sale deed produced by the petitioner.

4. Learned counsel for the petitioner submits that the property was originally owned by one Ramasamy Chettiar and that he conveyed https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P(MD)No.16035 of 2021 the same to one Kamalam, who, in turn, conveyed it to one Chelliah. Eventually, the property was purchased by the petitioner under the sale deed dated 28.10.1985. The petitioner has not produced the patta in the name of any of his predecessors in title. It is possible that the patta stands in the name of one of the above mentioned predecessors in title. Therefore, it would be necessary for the petitioner to sort out the perceived discrepancies between the title documents and the revenue records.

5. Accordingly, the petitioner is permitted to submit additional documents to the second respondent 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 consider the petitioner's representation dated 04.08.2021 and dispose of the same by a reasoned order after taking into account the additional documents, if any, produced by the petitioner. Such reasoned order shall be issued within a period of three months from the date of receipt of the additional documents referred to above.

6. W.P.(MD).No.16035 of 2021 is disposed of on these terms without any order as to costs.

Sd/- Assistant Registrar (CS-I) // True Copy // / /2021 Sub Assistant Registrar(CS) sbn 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, Dindigul,Dindigul District.

2.The Tahsildar, Natham Taluk,Natham, Dindigul District +1 CC to M/s.GP ( SR-28838[F] dated 13/09/2021 ) W.P(MD).No.16035 of 2021 08.09.2021 RD(17.09.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2