Madras High CourtWP(MD)/19292/2021disposed of

Paramasivam.R v. The Tahsildar

2021-11-02Honourable Mr Justice Senthilkumar Ramamoorthy2 pages

W.P.(MD).No.19292 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.11.2021

CORAM

THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY W.P.(MD).No.19292 of 2021 R.Paramasivam .. Petitioner Vs.

The Tahsildar, Karaikudi Taluk, Karaikudi, Sivagangai District. .. Respondent Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, by directing the respondent to issue a joint patta in respect of Survey Nos.107/5 and 107/2 situated at Alagapuri Village, Kallangudi Group, Kottaiyur, Karaikudi Taluk at Sivagangai District to the petitioner on the basis of his representations dated 07.09.2021 and 01.10.2021.

For Petitioner : Mr.PR.Boomee Rajan For Respondent : Mr.P.Subbaraj Counsel for State.

ORDER

The petitioner seeks a direction for the issuance of a joint patta in respect of the property bearing Survey Nos.107/5 and 107/2 at Alagapuri Village, Kallangudi Group, Kottaiyur, Karaikudi Taluk at Sivagangai District.

2. The petitioner claims title to the above mentioned properties under a registered sale deed dated 26.07.2012 by which he and one C.Manokaran purchased the property. The petitioner also relies upon Patta No.998 in respect of the property bearing Survey No.107/5 and the patta in respect of the property bearing Survey No.107/2. The petitioner states that in spite of submitting representations dated 07.09.2021 and 01.10.2021, no action has been taken on his request for a joint patta.

3. Mr.P.Subbaraj, learned counsel for the State, accepts notice on behalf of the sole respondent. He submits that the petitioner's representations may be directed to be considered and disposed of after putting the joint pattadhars on notice.

4. The petitioner has enclosed a copy of the sale deed dated 26.07.2012 in terms of which he claims title to an extent of 2 acres and 1 cent across Survey Nos.107/5 and 107/2. Patta https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD).No.19292 of 2021 No.998 in respect of the property bearing Survey No.107/5 is on record. The said patta has been issued to one Ramachandran and one Kumarappan. The said patta pertains to a total extent of 65 ares. As regards the property bearing Survey No.107/2, the said patta also stands in the name of Kumarappan and Ramachandran. The petitioner has purchased a smaller extent from Ramachandran by the registered sale deed dated 26.07.2012. Accordingly, both Ramachandran and Kumarappan or their legal heirs, if appropriate, should be put on notice. Since the purchase is made jointly in the name of the petitioner and C.Manokaran, C.Manokaran should also be put on notice.

5. Subject to the above observations, W.P.(MD).No.19292 of 2021 is disposed of by directing the respondent to consider the petitioner's representations dated 07.09.2021 and 01.10.2021 and dispose of the same by a reasoned order after providing a reasonable opportunity to the joint pattadhars and the joint owner C.Manokaran. Such reasoned order shall be issued within a period of three (3) months from the date of receipt of a copy of this order. There will be no order as to costs.

Sd/- Assistant Registrar (AD-I) // True Copy // / /2021 Sub Assistant Registrar(CS) tsg/nsr 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 The Tahsildar, Karaikudi Taluk, Karaikudi, Sivagangai District.

+1 CC to M/s.SPL.GP ( SR-33682[F] dated 08/11/2021 ) +1 CC to M/s.PR BOOMEE RAJAN, Advocate ( SR-33556[F] dated 02/11/2021 ) W.P.(MD).No.19292 of 2021 02.11.2021 RK/SKN(17/11/2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2