Malini v. The District Revenue Officer

ORDER Heard both sides.

2.The petitioner seeks patta for the petition mentioned housing plot. What comes in the way is the entry in the land register that it is a panjami land. Copy of the patta standing in the name of the petitioner's vendor / Jayaraman is enclosed at Page No.38 of the typed set of papers. Jayaraman was issued with patta for S.No.289/3, Adiyanoothu Village for an extent 1-81.00 hac. When he encounted difficulties in selling the property, he filed W.P.(MD)No.24611 of 2018. The writ petition was allowed on 14.07.2021 by permitting him to effect alienations. The registering authority was also directed to register the documents presented for registration. Pursuant to the said direction, the said Jayaraman parceled his land. The petitioner had purchased the petition mentioned plot from the said Jayaraman in the year 2012 itself.

3.It is well settled that when a person purchases a piece of land from a vendor, he or she is entitled to step into the shoes of the vendor. Patta stood in the name of Jayaraman. Therefore, the petitioner is very much entitled to seek sub-division and obtain separate patta. It is stated that the other alienees from the said Jeyaraman had already obtained separate patta. Therefore, it is not fair on the part of the respondents to deny relief to the petitioner alone.

4.In this view of the matter, the third respondent is directed to sub-divide the petition mentioned survey number and issue separate patta for the petitioner. This shall be done as expeditiously as possible. I however make it clear that if according to the respondents, the lands in question are panjami lands, it is for them to take appropriate action in accordance with law. Grant of relief in this writ petition will not tie the hands of the respondents.

5.This writ petition is allowed accordingly. No costs.

30.11.2023 NCC : Yes/No Index : Yes / No Internet : Yes/ No ias To:-

1.The District Revenue Officer, Dindigul District.

2.The Revenue Divisional Officer, Dindigul Division, Dindigul District.

3.The Tahsildar, Dindigul East Taluk, Dindigul District.

G.R.SWAMINATHAN, J. ias

30.11.2023

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.11.2023 CORAM THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Malini ... Petitioner Vs. 1.The District Revenue Officer, Dindigul District. 2.The Revenue Divisional Officer, Dindigul Division, Dindigul District. 3.The Tahsildar, Dindigul East Taluk, Dindigul District. ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents to delete the entry in the Register O/D Section - V Lands Assigned on other conditional Grants maintained by the office of the 2nd respondent against the S.No.289/3A corresponding to old S.No. 289/3 and consequently direct the respondents to issue the petitioner a separate patta for her property, a house plot No. 60 measuring 1500 Sq. ft (3.44 cents) based on her sale deed vide Doc. No.2679/2012 dated 09.05.2012 registered with the Sub Registrar, Nagalnayakkanpatti comprised in present Survey No.289/3A1A correspondent to old Survey No.289/3 situated at Adiyanoothu Village, Dindigul East Taluk and Dindigul District on par with her co-purchasers in the light of her petition dated 03.02.2023 pending on the file of the 2nd respondent. For Petitioner : Mr.K.Govindarajan, For Mr.R.Venkateswaran. For Respondents : Mr.S.RA.Ramachandran, Addl. Government Pleader.