Kaliappan vs The Tahsildar
2021 Latest Caselaw 15108 Mad

                                                                               W.P.(MD).No.12872 of 2021


                            BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                 DATED : 28.07.2021

                                                      CORAM :

                              THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH

                                             W.P.(MD).No.12872 of 2021

                     Kaliappan                                                 ...Petitioner

                                                          Vs.

                     1.The Tahsildar,
                       Thirumangalam Taluk,
                       Madurai District.

                     2.The Zonal Deputy Tahsildar,
                       Thirumangalam Taluk,
                       Madurai District.                          ... Respondents

                     Prayer: This Petition filed under Article 226 of the Constitution of India, to
                     issue a Writ of Certiorarified Mandamus, to call for the records pertaining to
                     the order passed by the first respondent vide proceedings in Na.Ka.No.
                     4946/2021/A3, dated 12.04.2021 and quash the same as illegal and
                     consequently direct the first respondent to grant patta in favour of the
                     petitioner and his daughters within a stipulated time that may be fixed by this
                     Court.
                                   For Petitioner                 : Mr.B.Bhagawati
                                   For Respondents                : Mr.R.Suresh Kumar
                                                                  Government Advocate



                     1/6

https://www.mhc.tn.gov.in/judis/
                                                                                 W.P.(MD).No.12872 of 2021


                                                         ORDER

On consent given by either side, the main writ petition itself is

taken up for final hearing.

2. This Writ Petition has been filed challenging the impugned

order passed by the first respondent, through proceedings, dated 12.04.2021

and for a consequential direction to the first respondent to grant patta in

favour of the petitioner and his daughters.

3. The case of the petitioner is that the subject property was sold

in favour of his wife by virtue of a registered sale deed, dated 27.11.1996.

The further case of the petitioner is that one P.Shanmugam, who was claiming

right over the property, had filed a suit in O.S.No.158 of 1997 and this suit

also came to be dismissed, by virtue of Judgment and Decree, dated

19.01.2009. Thereafter, it was also confirmed in appeal by Judgment and

Decree, dated 22.01.2020, made in A.S.No.111 of 2017.

4.The wife of the petitioner died on 14.11.2018, leaving behind

the petitioner and his three daughters as the legal heirs. The petitioner

https://www.mhc.tn.gov.in/judis/ W.P.(MD).No.12872 of 2021

approached the first respondent and submitted an application on 31.10.2020,

seeking for issuance of patta in the name of the petitioner and his daughters.

Since the same was not acted upon, the petitioner also filed a writ petition

before this Court in W.P.(MD).No.16652 of 2020 and this Court also issued

directions to the first respondent to deal with the application submitted by the

petitioner. The first respondent, by virtue of the impugned proceedings, dated

12.04.2021, has rejected the application made by the petitioner on the ground

that the enlisted documents were not available. Aggrieved by the same, the

present writ petition has been filed before this Court.

5. Heard Mr.B.Bhagawati, learned counsel for the petitioner and

Mr.R.Suresh Kumar, learned Government Advocate for the respondents.

6. The learned counsel appearing for the petitioner submitted

that the petitioner is in possession of all the relevant documents and in fact, it

was submitted before the first respondent and even if the first respondent

wanted copy of these documents, the petitioner would have submitted those

documents and it was not fair on the part of the first respondent to have

rejected the application by merely stating that certain documents are not

https://www.mhc.tn.gov.in/judis/ W.P.(MD).No.12872 of 2021

available. In reply to the submissions, the learned Government Advocate

stated that the petitioner can furnish all those documents mentioned in the

impugned proceedings of the first respondent dated 12.04.2021 and the same

will be considered by the first respondent and a decision will be taken.

7. In the considered view of this Court, if the first respondent

wanted the petitioner to furnish certain documents, he should ask the

petitioner to furnish those documents and instead should not have proceeded

to reject the application itself. In view of the specific stand taken by the

learned counsel appearing on either side, the impugned proceedings of the

first respondent, dated 12.04.2021, is hereby quashed and the matter is

remanded back to the file of the first respondent. The petitioner shall furnish

all the relevant documents to the first respondent and the first respondent

shall consider the same and pass orders within a period of four weeks from

the date of receipt of a copy of this order.

8. This writ petition is allowed with the above directions. No

costs.

28.07.2021 Internet : Yes/No Index : Yes/No TM

https://www.mhc.tn.gov.in/judis/ W.P.(MD).No.12872 of 2021

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

1.The Tahsildar, Thirumangalam Taluk, Madurai District.

2.The Zonal Deputy Tahsildar, Thirumangalam Taluk, Madurai District.

https://www.mhc.tn.gov.in/judis/ W.P.(MD).No.12872 of 2021

N.ANAND VENKATESH, J.

TM

Order made in W.P.(MD).No.12872 of 2021

Dated:

28.07.2021

https://www.mhc.tn.gov.in/judis/