Madras High CourtWP(MD)/6821/2017disposed of

N.Vivekanandan, v. The District Collector,

2020-07-17Honourable Mr Justice D. Krishnakumar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.07.2020

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR Writ Petition (MD).No.6821 of 2017 N.Vivekanandan

...Petitioner

Vs.

1.The District Collector, Thanjavur District.

2.The Tahsildar, Thanjavur, Thanjavur District.

...Respondents

Prayer : Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents to grant Patta in the name of the petitioner for the property situated at Punnainallur Mariammankovil, Vellanchetti Street, Thanjavur Taluk in Old Survey No.62/2 and New Survey No.171/15 to an extent of 11 cents within the time stipulated by this Court, on the basis of the registered sale deed dated 11.07.1986 in Document No.1234/1986 and on the basis of the petitioner's representation, dated 22.03.2017. For Petitioner : Mr.G.Mathavan For Respondents : Mr.M.Pandiarajan Additional Government Pleader

O R D E R

This writ petition has been filed for issuance of a Writ of Mandamus directing the respondents to grant Patta in the name of the petitioner for the property situated at Punnainallur Mariammankovil, Vellanchetti Street, Thanjavur Taluk in Old Survey No.62/2 and New Survey No.171/15 to an extent of 11 cents, on the basis of the registered sale deed, dated 11.07.1986 in Document No.1234/1986 and on the basis of the petitioner's representation, dated 22.03.2017.

2. According to the petitioner, in the year 1927, a partition was entered between one Narayana Samy and his brothers. After the demise of Narayana Samy, his son Ganapathy Mudaliar has got the title over the property. Thereafter, in the year 1984, the legal heirs of Ganapathy Mudaliar viz., Durai Rajan and Rajendran have divided the joint family property between them by executing a registered partition deed. The said Durai Rajan has got the title over the property in Old Survey No.62/2 and New Survey No.171/5 to an extent of 85 cents situated at Punnainallur Mariammankovil, Vellanchetti Street, Thanjavur Taluk. Thereafter, the petitioner has purchased the said property from Durai Rajan and there is no dispute over the title of the property. Hence, he has approached the authority to grant Patta in the name of the petitioner. But no https://hcservices.ecourts.gov.in/hcservices/

action has been taken so far.

3. According to the learned Additional Government Pleader, if there is any rival claim, the authority shall issue notice to the interested parties and then take a final decision on the aforesaid representation.

4. Considering the aforesaid submissions, without expressing any opinion, this Court directs the second respondent / the Tahsildar, Thanjavur, Thanjavur District to consider the representation of the petitioner, dated 22.03.2017 and pass orders on merits and in accordance with law, as expeditiously as possible, preferably within a period of twelve weeks from the date of receipt of a copy of this order, after giving opportunity to all the parties concerned. The petitioner is also directed to enclose the copy of the representation dated 22.03.2017 along with the order passed in the writ petition.

5. With the above directions, this Writ petition is disposed of. No costs.

Sd/- Assistant Registrar (CSII) // True Copy // / /2020 Sub Assistant Registrar(CS) akv To 1.The District Collector, Thanjavur District.

2.The Tahsildar, Thanjavur, Thanjavur District.

Writ Petition (MD).No.6821 of 2017 17.07.2020 KB(27.07.2020) 2P 3C https://hcservices.ecourts.gov.in/hcservices/