S.Palpandi v. The Tahsildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.08.2024

CORAM:

THE HONOURABLE MS.JUSTICE P.T.ASHA W.P.(MD).No.19490 of 2024 S.Palpandi .. Petitioner Vs.

1.The Tahsildar, Peraiyur Taluk, Peraiyur, Madurai District.

2.S.R.Kesavaraj ... Respondents Prayer: Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, directing the 1st respondent to issue Patta in the petitioner's name in respect of his landed properties about an extent of 1 acre in Survey No.188/4 at Silamalaipatti Village, Peraiyur Taluk, Madurai District by considering the petitioner's Online Application No.2024/0103/24/331505, dated 02.07.2024 and for other reliefs.

For Petitioner :

Mr.J.Lawrance For R1 :

Mr.P.Thambidurai Government Advocate

ORDER

The above writ petition is filed for a Mandamus directing the 1st respondent to issue patta in the name of the petitioner in respect of properties measuring an extent of 1 acre comprised in Survey No.188/4, Silaimalaipatti Village, Peraiyur Taluk, Madurai District.

2. The petitioner would submit that the property in question originally belonged to one Ravi Kalsi, from whom he had purchased the property on 01.11.2023. From the date of his purchase, he has been in possession by cultivating the lands.

3. The petitioner had submitted an online application for mutation of patta with necessary documents on 02.07.2024. He was under the impression that he would be called for an enquiry and the revenue records would be mutated in his name. However, he did not get any proper reply from the 1st respondent. On further enquiry, he was informed that the 2nd respondent herein had filed a civil suit in respect of the subject property and other properties against the petitioner's vendor and

the same is pending. Therefore, the same application cannot be considered. The petitioner would submit that the 2nd respondent had nothing to do with the property.

4. The 2nd respondent had filed a suit for specific performance against the petitioner's vendor on the basis of general power of attorney, dated 27.08.2012 and an alleged sale receipt. The suit has been filed in the year 2023 to enforce the agreement entered into in the year 2016. However, the 2nd respondent has not had the suit decreed in his favour and he is only an agreement holder.

5. Therefore, in the light of the above, the pendency of the suit cannot be cited as a reason to not process the petitioner's application. Therefore, Mandamus is issued to the 1st respondent to consider the representation of the petitioner, dated 02.07.2024 and pass orders after affording an opportunity to both the parties and giving them a personal hearing. The said exercise shall be completed within a period of six (6) weeks from the date of receipt of copy of this order.

6. With the above direction, this Writ Petition stands allowed. No costs.

22.08.2024 NCC : Yes/No Index : Yes/No Internet : Yes gbg To The Tahsildar, Peraiyur Taluk, Peraiyur, Madurai District.

P.T.ASHA, J.

gbg 22.08.2024