2022 Supreme(Online)(MAD) 16502
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 23.08.2022 CORAM THE HONOURABLE MR. JUSTICE M.DHANDAPANI WP.No.4899 of 2015 A.Kalliyamoorthy .. Petitioner Versus The Tahsildar Veppanthattai Taluk Veppanthattai – 621 116 Perambalur District .. Respondent Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, calling for the records relating to the impugned order dated 19.01.2015 in Mu.Mu.A1/14852/104 passed by the respondent, quash the same and consequently directing the respondent herein to grant patta to the petitioner in respect of the house site No.266 measuring 1300 sq.ft., comprised in S.No.468/1, Udumbiyam Village, Veppanthattai Taluk, Perambalur District by considering his applicatios dated
09.09.2014 and 10.11.2014.
For Petitioner : Mr.N.Manokaran For Respondent : Mr.R.Vigneswaran Government Advocate
ORDER
This writ petition is filed challenging the order dated 19.01.2015 in Mu.Mu.A1/14852/104 passed by the respondent, quash the same and consequently directing the respondent herein to grant patta to the petitioner in respect of the house site No.266 measuring 1300 sq.ft., comprised in S.No.468/1, Udumbiyam Village, Veppanthattai Taluk, Perambalur District by considering his application dated 09.09.2014 and 10.11.2014.
2. The case of the petitioner is that originally the subject properties measuring to an extent of 4.72 acres in R.S.No.468/1, Udumbiyam Village, Veppanthattai Taluk, Perambalur District was owned by one Mr.Selvam, who in turn sold the lands to one Mr. Athiyappan and subsequent sale were effected to various persons. Finally, the same was sold to one Ramasamy Gounder, who has appointed Mr.Muthaiah as the power agent. From the said Muthaiah, the petitioner had purchased the disputed properties under a sale deed dated 29.09.2011 to an extent of 1300 sq.ft.,, when the same was presented for registration, the SRO, Veppanthattai had refused to entertain the deed as the said land is a panchami land. Challenging the same, a writ petition in W.P.No.25518 of 2011 was filed and the same was allowed directing the SRO to register the document in accordance with the provisions of the Registration Act. The main grievance of the petitioner is that his fellow purchaser's sale deed from the same power agent's for the sane Survey Nos.468/1,2,3 has been registered before the SRO, Veppanthattai, but, the petitioner's sale deed dated 14.08.2012 was not registered. Further, the said SRO had valued the property Zero in the Guideline Register. Challenging the same, a writ petition in WP.No.24061 of 2012 before this Court and the same was allowed and directed to register the said sale deed. In compliance to the same, the SRO had registered the sale deed and for mutation of the revenue records, he made an application before the respondent and the same was rejected. Hence, he filed a writ petition in W.P.No.27375 of 2014 for grant of patta and the same was disposed of on 15.10.2014. Subsequently, the respondent has passed the impugned order holding that the subject property was alloted to Adi Dravidar community. Aggrieved, this writ petition.
3. The learned counsel for the petitioner submitted that the other purchaser from the same survey number and from the very same power agent's sale deeds were registered before the SRO, Veppanthattai, but, the petitioner's sale deed dated 14.08.2012 was not registered. However, after the registration of sale deed, the respondent has rejected to mutate the revenue records. Hence, seeks this Court to quash the impugned order and consequently direct to mutate the revenue record.
4. Heard both side and perused the materials placed on record.
Admittedly, the facts of the present case and the title of the petitioner are not in dispute. On a threadbare analysis of the case bundle, it would reveal that on earlier occassions, the petitioner by way of three writ petitions had challenged the non registration of sale deed, fixation of guidline value and for grant of patta. It is to be noted that this Court in W.P.No.27357 of 2014 vide order dated 15.10.2014 directed the respondent herein to consider the representation of the petitioner for mutation of revenue records by verifying whether if the patta stands in the name of the predecessor in title of the petitioner and and if there is any dispute with regard to the title. Admittedly, there is no dispute with regard to the title between the predecessor and the petitioner and patta also stands in the name of the petitioner vendor. Hence, this Court holds good that the impugned order is liable to be interfered with.
5. Accordingly, this writ petition stands allowed. The impugned order is set aside and the respondent is directed to issue patta in favour of the petitioner within a period of four weeks from the date of receipt of a copy of this Order.
No costs.
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