Madras High CourtWP(MD)/4248/2017disposed of

Saravanakumar v. The Tahsildar

2017-03-22Honourable Mr Justice V. Parthiban2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.03.2017

CORAM

THE HONOURABLE MR.JUSTICE V.PARTHIBAN W.P(MD)No.4248 of 2017 Saravanakumar ..Petitioner Vs The Tahsildar Oddapadaram Taluk, Thoothukudi District.

..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 herein to forthwith issue the computerized patta in favour of the petitioner property comprised in Re-Survey Nos.382/1, 383/2 and 382/2 situated at P.Thuraichamypuram Village, Oddapadram Taluk, Thoothukudi District, on the basis of petitioner's representation dated 20.02.2017 within the time stipulated by this Hon'ble Court. For Petitioner :Mr.V.Malaiyendran For Respondent : Mr.M.Alagathevan Special Government Pleader

O R D E R

The Petitioner has approached this Court seeking a direction to the respondent herein to forthwith issue the computerized patta in favour of the petitioner for the property comprised in Nos.382/1, 383/2 and 382/2 situated at P.Thuraichamypuram Village, Ottapidaram Taluk, Thoothukudi District, on the basis of petitioner's representation dated 20.02.2017 within a time frame. 2.According the petitioner, he has purchased an extent of 9 Acres on 07.04.2016 comprised in Nos.382/1, 383/2 and 382/2 situated in P.Thuraichamypuram Village from its lawful owner, namely, one Mottayyasamy S/o. Paulsamy Naicker vide Registered sale deed in document No.11/2017 registered at Ottapidaram Sub Registrar's Office. Even since purchase the petitioner has been cultivating the same and paying taxes and revenues to the authorities concerned.

In these circumstances, the petitioner has filed an application for grant of patta in respect of the said property on 17.02.2017. But according the petitioner, the same has not been disposed of by the respondent. In this connection the petitioner has been approaching the respondent time and again but https://hcservices.ecourts.gov.

no action has been taken for considering the application. Therefore, he has approached this Court for issuance of a writ of Mandamus.

3.Mr.M.Alagathevan, learned Special Government Pleader appearing for the respondent submitted that he has no objection to grant a direction as prayed for in the writ petition. 4.In view of the limited prayer sought for in the writ petition, the respondent is directed to consider and dispose of the application said to have been made by the petitioner on 17.02.2017, requesting for grant of patta for the subject property within a period of four weeks from the date of receipt of a copy of this order. The respondent is also directed to consider whether there is any rival claim for the subject property and pass orders on merits and in accordance with law.

5.With the above directions, the Writ Petition is disposed of. There is no order as to costs.

Sd/- Assistant Registrar /True Copy/ Sub Assistant Registrar To The Tahsildar Ottapidaram Taluk, Thoothukudi District.

+1cc to Mr.V.Malaiyendran,Advocate,SR.17149 +1cc to M/S THE SPECIAL GOVERNMENT PLEADER, SR.NO.17020 W.P(MD)No.4248 of 2017 22.03.2017 SJ KK-JC-SAR3-07.04.2017-2P-4C https://hcservices.ecourts.gov.in/hcservices/