B.Adhisri v. The Tahsildar,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :21.11.2025
CORAM:
THE HONOURABLE MR JUSTICE SENTHILKUMAR RAMAMOORTHY B.Adhisri ... Petitioner Vs The Tahsildar, Krishnarayapuram Taluk, Karur District.
... Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus to direct the respondent to consider petitioner application for grant of patta dated 15.11.2024 in pursuance of enquiry notice dated 23.11.2024 made in Na.Ka.No.A4/2650/2024 in respect of S.F.No.237/2 to an extent of 4.61 Acres situated at Manavasi Village, Krishnarayapuram Taluk, Karur District within the time frame fixed by this Court. For Petitioner : Mr. N.Shanmuga Selvam For Respondents : Mr.P.Thambidurai Government Advocate
O R D E R
The petitioner seeks consideration of the request for patta in 1/5
respect of 4.61 acres in S.F.No.237/2. The petitioner traces title to the said property through a sale certificate executed by the Recovery Officer of Debt Recovery Tribunal - I, Chennai in favour of the M/s.B.V.Fabrics Private Limited. The said corporate entity, subsequently, executed a sale deed dated 15.04.2021 in favour of the petitioner.
2. Learned counsel submits that a civil suit was filed by one N.Velusamy and R.Rajammal in O.S.No.42 of 2014 before the District Munsif, Kulithalai and that pendency of the said suit was cited as the reason for refusal of patta in an earlier order dated 14.06.2017 of the Tahsildar. By referring to the current status of the said suit, learned counsel submits that the suit was dismissed on 27.06.2019. In those circumstances, learned counsel submits that a subsequent suit, which is barred by limitation, has been filed by the said persons in O.S.No.276 of 2025 before the District Court, Karur. Merely on the basis of the pendency of a suit which is evidently barred by limitation, learned counsel submits that his request for patta should not be denied.
3. Learned Government Advocate accepts notice for the sole 2/5
respondent. He submits that an inquiry would be conducted after issuing notice to N.Velusamy and R.Rajammal and a decision would be taken within three (3) months.
4. The sale certificate executed by the Recovery Officer, Debt Recovery Tribunal-I in favour of M/s.B.V. Fabrics Private Limited has been placed on record. The said sale certificate pertains to the subject property of 4.61 acres in survey No.237/2. The subsequent sale deed executed by the said corporate entity in favour of the petitioner is also on record. The earlier suit was filed in 2014 by N.Velusamy and R.Rajammal and such suit appears to have been dismissed on 27.06.2019. While a more recent suit in O.S.No.276 of 2025 has been filed, it is unclear from the documents on record as to whether any interim orders were obtained in the said suit. The respondent shall examine as to whether any credible dispute has been raised by N.Velusamy and R.Rajammal before taking a decision. In other words, the request should not be denied solely on the ground that a civil suit has been instituted recently.
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5. Subject to the above observations, this Writ Petition is disposed of by directing the Tahsildar to consider the petitioner's request for patta and dispose of the same on merits within three (3) months from the date of receipt of a copy of this order after providing a reasonable opportunity to the petitioner and N.Velusamy and R.Rajammal. No costs. NCS : Yes/No 21.11.2025 Index : Yes / No Internet : Yes / No apd To The Tahsildar, Krishnarayapuram Taluk, Karur District.
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SENTHILKUMAR RAMAMOORTHY.,J.
apd ORDER MADE IN 21.11.2025 5/5