Madras High Court
A.Saravanan vs The Sub Collector on 9 March, 2023
W.P.(MD) No.1728 of 2020
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 09.03.2023
CORAM:
THE HONOURABLE MS.JUSTICE P.T.ASHA
W.P.(MD) No.1728 of 2020
A.Saravanan ... Petitioner
Vs.
1.The Sub Collector,
Pattukottai Taluk,
Thanjavur District.
2.The Tahsildar,
Thaluk Office,
Pattukottai Taluk,
Thanjavur District. ... Respondents
Prayer :- Petition filed under Article 226 of the Constitution of India,
praying for issuance of Writ of Mandamus, directing the respondents to
Sub-divide and grant separate patta for land in Survey No.93/2A3
situated at Thiruchitrambalam east Village, Pattukottai Taluk, Thanjavur
District, in favour of the petitioner based on the representation dated
17.09.2019 within time framed to be fixed by this Court.
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W.P.(MD) No.1728 of 2020
For Petitioner : Mr.S.Kumar
For Respondents : Mr.T.Amjadkhan
Government Advocate
ORDER
The petitioner has moved this petition seeking the issue of writ of
mandamus directing the respondents to sub-divide and grant separate
patta in favour of the petitioner in respect of Survey No.93/2A3,
Thiruchitrambalam East Village, Pattaukottai Taluk, Thanjavur District,
on the basis of his representation, dated 17.09.2019.
2.It is the case of the petitioner that the land in question, which
measures 1.35.5 hectares, belonged to one Vaidhyanatha Gurukkal, under
a settlement deed, dated 07.01.1961. Out of this extent, Vaidhyanatha
Gurukkal and one Sambi had settled an extent of 2 acres 75 cents on the
eastern side of the property in favour of Thiruchitrambalam
Purathaneshvarar Swami Temple and retained 61 cents on the western
side. The Revenue Authorities during the Natham Settlement has granted
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W.P.(MD) No.1728 of 2020
patta in respect of the entire extent of 1.35.5 hectares in favour of the
temple and thereafter, the temple had filed a civil suit against the
purchaser of 61 cents of land and to declare the sale in their favour as
null and void. The suit was decreed, against which, the purchaser had
filed an appeal in A.S.No.108 of 1998 on the file of Sub Court,
Pattukottai which was allowed by the first appellate Court holding that
the temple had no right or title over the 61 cents situated on the western
side in Survey No.93/2A3. On the strength of this Judgment, the
purchaser has submitted the application before the Tahsildar, Natham
Settlement Scheme to include them in the Thoraya patta. The Special
Tahsildar thereafter cancelled the earlier patta granted in favour of the
temple and granted joint patta in the name of the purchasers.
3. The petitioner's vendor Chinnakanna was one of the joint
pattadars, who had purchased an extent of five cents under a sale deed
dated 14.07.1965. Thereafter, under a sale deed, dated 08.04.1996
Chinnakannu sold the property to Vijayalakshmi, who in turn, sold the
property to one A.Selvam, under a sale deed, dated 17.09.2007, who is
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W.P.(MD) No.1728 of 2020
none else than the petitioner's brother. Thereafter under a settlement
deed, dated 21.01.2008, the petitioner's brother had settled the property
in his favour and the joint patta was issued in favour of the petitioner by
the Zonal Deputy Tahsildar. The petitioner required financial assistance
for running his business and when he had approached the bank for
granting loan, he was informed that he must get the property sub-divided
and separate patta granted in his favour. Therefore, he had approached
the second respondent on 17.09.2019, for which, there was no response.
Once again, he had submitted a petition on 11.10.2019 reiterating the
request of sub-division and grant of patta. This was followed by
remainders dated 11.11.2019 and 18.12.2019 and to date, the respondents
have not taken any steps in this regard. Therefore, the petitioner has
come forward with the above petition.
4. Considering the fact that the earlier proceedings had ended in
favour of the petitioner's predecessor in title and there is no challenge to
the same, the tile of the petitioner's predecessor in title has attained
finality and the sale deed executed in favour of the petitioner is
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W.P.(MD) No.1728 of 2020
unchallenged and therefore, there is no impediment for the respondents
to carry out the sub-division and to grant patta in favour of the petitioner
when admittedly there is no rival claim.
5.The learned Government Advocate for the respondents would
also admit that they have not received any rival claim.
6. In these circumstances, the respondents are directed to effect
sub-division and grant separate patta for the land in Survey No.93/2A3
situated at Thiruchitrambalam East Village, Pattukottai Taluk, Thanjavur
District, in favour of the petitioner, within a period of one month from
the date of receipt of a copy of this order. This Writ Petition is allowed
accordingly. No costs.
09.03.2023
NCC : Yes/No
Index : Yes/No
Internet : Yes
cp
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W.P.(MD) No.1728 of 2020
To
1.The Sub Collector,
Pattukottai Taluk,
Thanjavur District.
2.The Tahsildar,
Thaluk Office,
Pattukottai Taluk,
Thanjavur District.
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W.P.(MD) No.1728 of 2020
P.T.ASHA, J.
cp
W.P.(MD) No.1728 of 2020
Dated: 09.03.2023
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