A.L.BASKER Vs. TAHSILDAR

JUDGEMENT

(1.) The memo dated 7.4.2006, issued by the Tahsildar, Coimbatore North, Coimbatore rejecting the claim of the writ petitioner for patta transfer is under challenge in the present writ petition.

(2.) The writ petitioner states that an extent of 1.02 acres in Government Survey No.280 of Kalapatti Village, Coimbatore North Taluk, Coimbatore was purchased by Mr.Chinnasamy from Mr.Rangan, son of Mr.Munian and his heirs for valuable consideration under a Sale Deed dated 10.4.1957, registered as Document No.483 of 1957. Mr.Chinnasamy, the purchaser of the property sold 52 cents within the 1.02 acres of land to one Mr.Murali on 1.8.1996 for valuable consideration under a Sale Deed, registered as Document No.4405 of 1996. Mr.Murali sold the 52 cents to Mr.Selvaraj, son of Mr.Palanisamy under a Sale Deed, registered as Document No.2652 of 1998 for valuable consideration and Mr.Selvaraj, son of Mr.Palanisamy executed General Power of Attorney in favour of Mr.D.Balasundaram to deal with the 52 cents in G.S. No.280. By Sale Deed dated 28.9.2004, registered as Document No.5000 of 2004, the writ petitioner purchased the 52 cents from Mr.Selvaraj and the Sale Deed was executed by his Power Holder Mr.D.Balasundaram. Thereafter, the writ petitioner is in uninterrupted possession and enjoyment of the 52 cents in G.S.No.280.

(3.) The learned counsel for the writ petitioner states that the writ petitioner submitted an application to the first respondent for transfer of patta in his name. The first respondent rejected the claim of the writ petitioner on the ground that the land belonged to Mr.Chinnasamy, son of Ranga Mathari under conditional patta No.206 and on the death date of Chinnasamy on 2.6.1998, the land was sold to the writ petitioner by the heirs of Ranga Mathari which is said to be in violation of the assignment conditions.