Vijayakumar C v. The State Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.11.2021

CORAM

THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN C.Vijayakumar ... Petitioner vs.

1.The State of Tamil Nadu, represented by the District Collector, Dindigul District.

2.The Tahsildar, Nilakottai Taluk Office, Dindigul District.

3.The Village Administrative Officer, Viralipatti Village, Nilakottai Taluk Office, Dindigul District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, to direct the second respondent herein to issue Patta forthwith in petitioner's name in respect of the land in Survey Nos.971/1B and 972/1B, Viralipatti Village, Nilakottai Taluk, Dindigul District, admeasuring to an extent of 3 acres and 30 cents in the light of the petitioner's online Application No.2021/0103/13/159885, dated 26.07.2021, and consequential representation, dated 09.09.2021 in accordance with law within the time stipulated by this Court. For Petitioner :Mr.S.Balamurugan for Mrs.P.Subathra Devi For Respondents :Mr.D.Gandhiraj Counsel for State

O R D E R

This Writ Petition is filed in the nature of Mandamus seeking a direction against the second respondent to issue patta forthwith in petitioner's name in respect of the land in Survey Nos.971/1B and 972/1B, Viralipatti Village, Nilakottai Taluk, Dindigul District, admeasuring to an extent of 3 acres and 30 cents in the light of the petitioner's online Application No.2021/0103/ 13/159885, dated 26.07.2021 and consequential representation, dated 09.09.2021.

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2.The petitioner, on the strength of two sale deeds, dated 30.09.2013 and 11.10.2013, registered as Doc.Nos.3548/2013, and 3761/2013, respectively, both in the Sub Registrar Office, Vathalakundu, had filed an application seeking transfer of patta from the name of his vendor to his name. Such application had been filed on 26.07.2021 and an acknowledgement for such application has been filed as document to the Writ Petition. The petitioner now seeks a Mandamus primarily against the second respondent/Tahsildar, Nilakottai Taluk, Dindigul District, for consideration of the application.

3.A direction is issued to the second respondent to consider the application of the petitioner, issue notice to the petitioner for enquiry, examine the documents produced by the petitioner, issue notice to any other person, who has raised rival claim as against the interest of the petitioner, come to a subjective satisfaction with respect to the title or otherwise of the petitioner and the entitlement of the petitioner for the patta to be granted patta with respect to the property, and thereafter, pass appropriate orders within a period of sixteen weeks from the date on which, a copy of this order is received by the second respondent.

4.With the said direction, the Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar (AD I) // True Copy // / /2021 Sub Assistant Registrar(CS) cmr To 1.The District Collector, The State of Tamil Nadu, Dindigul District.

2.The Tahsildar, Nilakottai Taluk Office, Dindigul District.

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3.The Village Administrative Officer, Viralipatti Village, Nilakottai Taluk Office, Dindigul District.

+1 CC to M/s.SPL.GP ( SR-34286[F] dated 12/11/2021 ) 11.11.2021 SR(CO) SB/SKN (19.11.2021) 3P 5C 3/3