Madras High CourtWP(MD)/18088/2016dismissed

Osmania v. The State Represented By

2016-09-22Honourable Mr Justice V. Bharathidasan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:22/09/2016

CORAM:

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN Writ Petition(MD)No.18088 of 2016 Osmania ... Petitioner Vs.

1.The State represented by The District Collector, Pudukottai.

2.The Tahsildar, Pudukottai.

3.C.Vijayaraj ... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the 2nd respondent to consider the representation of the petitioner, dated 01.04.2013 and issue patta in respect of the property comprised in S.F.No.250/21 0.11.5 hec., at Pudukottai South Village.

For Petitioner :

Mr.V.Singan For R-1 & R-2 :

Mr.K.P.Krishnadoss, Government Advocate

ORDER

This Writ Petition has been filed by the petitioner seeking a direction to the second respondent to consider the representation of the petitioner, dated 01.04.2013 and issue patta in respect of the property comprised in S.F.No.250/21 0.11.5 hec., at Pudukottai South Village.

2.Admittedly, the petitioner is said to have purchased a property from one Fathima Gani, who is the Power Agent of one Pitchai, through a registered sale deed, dated 12.09.2007. Subsequently, according to the petitioner, the above Pitchai the Principal, sold the said land in favour of the third respondent on 25.10.2013 and the petitioner is also taking steps to cancel the subsequent sale deed.

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3. In the above circumstances, when there is a dispute between the parties with regard to the title of the property, the Tahsildar cannot grant patta in favour of the petitioner. In such circumstances, there is no purpose in directing the Tahsildar for conducting an enquiry and pass orders.

In view of the above, this Writ Petition is dismissed. No Costs.

Sd/ Assistant Registrar (CS-II) /True Copy/ Sub Assistant Registrar To 1.The State represented by The District Collector, Pudukottai.

2.The Tahsildar, Pudukottai.

+1 cc to MR.V.SINGAN, Advocate Sr.NO.55434 +1 cc to M/s.Special Government Pleader SR.NO.55576 W.P(MD)No.18088 of 2016 22/09/2016 SMA/AAL-MPA/SAR-III/04/10/2016 :2P/5C https://hcservices.ecourts.gov.in/hcservices/