TAHSILDAR Vs. R. SENNIMALAI GOUNDER

JUDGEMENT

(1.) This Writ Appeal has been filed as against the order dated 16.09.2014 made in W.P.No.16396 of 2013.

(2.) Originally the property existing in S.F.No.290/4 at Vellanaipatti Village of Coimbatore North, now in Annur Taluk, was assigned to one Vayyapur, on 12.03.1939, by assignment order. After the death of the said Vayyapuri, the property came under the enjoyment of his sons, viz., V.David and V.Samson. They sold the property to one Pazhaniammal on 24.08.1950. Again the said Pazhaniammal sold the property to the 1st respondent herein by a sale deed dated 08.02.1973. After purchasing the said land, the 1st respondent herein gave requisition to the Tahsildar on 10.04.2012 for issuance of patta. The same was rejected by the Tahsildar by his order dated 31.05.2012 on the ground that the property was assigned land to one Vayyapuri and there was a prohibition for alienation of assigned land. Aggrieved by the rejection order for issuance of patta, the 1st respondent herein preferred Writ Petition in W.P.No.16396 of 2013 to quash the proceedings of the Tahsildar and for a direction to issue patta in respect of the land comprised in S.F.No.290/4 at Vellanaipatti Village of Coimbatore North, now in Annur Taluk.

(3.) Learned Single Judge by his impugned order dated 16.09.2014 directed the Tahsildar to consider the case of the 1st respondent herein on merits and on verification of the documents produced by him and also ascertain the veracity of the documents from the Sub Registrar Office, where the documents have been registered. Further directed to complete the whole exercise within a period of three months from the date of that order.