R. RAJAMANICKAM CHETTIAR Vs. TAHSILDAR

JUDGEMENT

(1.) This writ appeal is directed against the order passed in W.P. (MD)No.5227 of 2012, dated 18.04.2012. The appellant is the writ petitioner. He challenged the order of the first respondent Tahsildar, dated 19.03.2012 rejecting the request of the writ petitioner for grant of separate patta and mutation of revenue records.

(2.) The learned counsel appearing for the appellant submitted that the first respondent Tahsildar is not a competent person to decide the title over the subject matter property, as has been done in this case. He further submitted that the appellant is having valid title to the subject matter property and even assuming that his purchase is hit by certain provisions of the Provincial Insolvency Act, 1920, in the absence of any challenge made by the official receiver against such sale within the time stipulated under the relevant provisions of the said Act, the purchase made by the petitioner, of the subject matter property, cannot be disturbed. Therefore, he contended that the first respondent Tahsildar, is not justified in rejecting the request for mutation of revenue records and grant of separate patta to the appellant.

(3.) On the other hand, it is contended by the learned counsels appearing for the respondents that the subject matter property was already vested with the official receiver in pursuant to an order of adjudication made under the Provincial Insolvency Act, 1920, on the legal heirs of one Rathinasabapathy, as insolvents and therefore, any purchases made in respect of the properties vested with the official receiver, are not valid and consequently, based on such purchase, the appellant is not entitled to claim the relief before the first respondent Tahsildar.