K. Selvaraj vs The Tahsildar

M. Jaichandren, J.—Heard Mr. G. Prabhu Rajadurai, the learned Counsel appearing on behalf of the petitioner, as well as Mr. R. Janakiramulu, the learned Special Government Pleader appearing on behalf of the respondent.

At this stage of the hearing of the writ petition, the learned Special Government Pleader appearing on behalf of the respondent had submitted that a civil suit, in O.S. No. 259 of 2009, is pending on the file of the District Munsif Court, Aruppukkottai, relating to the property in question. In such circumstances, the respondent had rejected the request of the petitioner, to transfer the patta, relating to the property in question, in his name.

The learned Counsel appearing on behalf of the petitioner had submitted that the civil suit, in O.S. No. 259 of 2009, relates to a number of properties, including the property which is the subject matter of the present writ petition. Therefore, he had submitted that the petitioner would take steps to delete the survey number of the property in question from the said civil suit. It had been prayed that on such deletion being made, the respondent may be directed to consider the representation of the petitioner for change of patta, as requested by the petitioner, in the present writ petition.

The learned Special Government Pleader appearing on behalf of the respondent had no objection for this Court issuing such a direction.

In view of the submissions made by the learned Counsel appearing on behalf of the petitioner, this Court finds it appropriate to issue a direction to the respondent stating that, as and when the deletion of the concerned survey number is made in the civil suit, in O.S. No. 259 of 2009, pending on the file of the District Munsif Court, Aruppukkottai, and on a representation being made by the petitioner to the respondent thereafter, for the transfer of patta, the same may be considered and appropriate orders passed thereon, as per law.

The writ petition is disposed of, with the above direction. No costs.