Madras High Court
K.R.Jeyakumar vs The Tahsildar on 9 April, 2021
W.P.(MD)No.4565 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 09.04.2021
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH
W.P.(MD)No.4565 of 2021
K.R.Jeyakumar .. Petitioner
Vs.
1.The Tahsildar,
Vadipatti Taluk,
Madurai District.
2.The District Surveyor,
Madurai,
Madurai District. .. Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India,
praying to issue a Writ of Mandamus, directing the 1st respondent to survey
the petitioner's properties found in Re-Survey Number.195/5 of
Kulasekaran Kottai Village, Vadipatti Taluk, Madurai District based upon
his application dated 07.06.2019 and fix the four boundaries of his
aforesaid property by issued patta in his favour.
1/6
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W.P.(MD)No.4565 of 2021
For Petitioner : Mr.C.M.Arumugam
For Respondents : Mr.B.Bhagawathi,
Government Advocate.
*****
ORDER
This Writ Petition has been filed for the issue of a Writ of Mandamus,
directing the first respondent to consider the application submitted by the
petitioner on 07.06.2019 and to conduct a survey in the subject property
and fix the boundaries and issue patta in the name of the petitioner.
2. The case of the petitioner is that the subject property originally
belonged to one K.Chellapandi. The patta also stood in his name. The
petitioner purchased the subject property, by virtue of a registered sale
deed, dated 09.11.2018. In the meantime, one Alagarsamy filed a suit in
O.S.No.470 of 2008, before the District Munsif Court, Vadipatti against
Challapandi and another claiming for the relief of permanent injunction.
The trial Court, after appreciating the oral and documentary evidence,
found that the said Alagarsamy, does not have any right or title over the
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W.P.(MD)No.4565 of 2021
property and dismissed the suit by a judgment and decree dated 30.10.2019.
Aggrieved by the same, the said Alagarsamy has filed an appeal before the
Sub-Court, Madurai in A.S.No.102 of 2019 and the same is pending.
3. The petitioner made an application to the first respondent on
07.06.2019, seeking for the survey of the property and to fix the boundaries
and for issuance of patta in his favour. Since this application was not
considered, the present Writ Petition has been filed before this Court
seeking for appropriate directions.
4.Mr.B.Bhagawathi, learned Government Advocate appearing on
behalf of the respondents submitted that the first respondent is not in a
position to consider the application submitted by the petitioner, since a civil
suit is pending, at the stage of appeal before the Sub-Court, Madurai. The
written instructions received by the learned Government Advocate was also
circulated at the time of hearing.
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W.P.(MD)No.4565 of 2021
5. In the considered view of this Court, the attempt made by one
Alagarsamy to claim right over the subject property has been negatived by
the trial Court and the same is now a subject matter of challenge in the
appeal. The said Alagarsamy has to first establish his right over the
property before the competent civil Court and only thereafter, he can seek
for a patta in his favour. Admittedly, the patta stands in the name of
K.Chellapandi, who is the vendor of the petitioner. The petitioner, by virtue
of purchasing the property from K.Chellapandi, is automatically entitled to
get the patta transferred in his favour. The petitioner need not wait for the
completion of the proceedings initiated by the above said Alagarsamy.
6. In view of the above, there shall be a direction to the respondents
to consider the application submitted by the petitioner on 07.06.2019 and
proceed to conduct an enquiry and survey the property and consider the
application of the petitioner to transfer the patta in the name of the
petitioner. This process shall be completed by the respondents within a
period of eight weeks from the date of receipt of a copy of this order.
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W.P.(MD)No.4565 of 2021
7. The petitioner is directed to make a fresh representation to the
respondents along with a copy of this order.
8. This Writ Petition is disposed of with the above direction. No
costs.
09.04.2021
Index : Yes / No
Internet : Yes / No
vsm
In view of the present lock down owing to COVID-19
Note : 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
1.The Tahsildar,
Vadipatti Taluk,
Madurai District.
2.The District Surveyor,
Madurai,
Madurai District.
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W.P.(MD)No.4565 of 2021
N.ANAND VENKATESH, J.
vsm
W.P.(MD)No.4565 of 2021
09.04.2021
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