1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.11.2011 CORAM THE HONOURABLE MR.JUSTICE V.RAMASUBRAMANIAN W.P (MD)No.12421 of 2011 S.Petchimuthu ... Petitioner Vs 1. The District Revenue Officer, District Collector Office, Tirunelveli. 2. The Revenue Divisional Officer, Tirunelveli, Tirunelveli District. 3. The Tahsildhar, Palayamkottai Taluk, Tirunelveli, Tirunelveli District. ... Respondents PRAYER : Writ petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Certioritified Mandamus, to call for the records relating to the proceedings of the first respondent herein in Paa.Mu.(Aa2)46585/2011 dated:15.09.2011 and quash the same and further direct the respondents herein to take necessary steps for the sub-division of the S.Nos.1043, 1044 and 1045 to an extent of 40.20 cents in Kulavanigapuram Village, Palayamkottai Taluk, Tirunelveli District and issue separate patta in favour of this petitioner. For Petitioner : Mr.M.Vallinayagam For Respondents: Mr.K.P.Krishnadoss, Government Advocate O R D E R The petitioner has come up with the above Writ Petition, challenging an order passed by the first respondent, confirming the orders of the second and third respondents, refusing to grant patta in favour of the petitioner, on the ground that the document by which the petitioner's predecessors purchased the property was registered in Kerala. 2. Heard Mr.M.Vallinayagam, learned Counsel for the petitioner and Mr.K.P.Krishnadoss, learned Government Advocate for the respondents. 3. The petitioner purchased the lands bearing plot Nos.18 to 22 and 29 to 33, measuring altogether about 40 cents, in Survey Nos.1043, 1044 and 1045 in Kulavanigapuram Village, Melapalayam Sub-Division, Palayamkottai Registration District, under a sale a deed, dated 22.02.1996 registered in the office of the Sub-Registrar of Melapalayam as Document No.528 of 1966 in Book-I, Volume 666, page 163 to 165. After the purchase the petitioner made an application to the third respondent for sub-division and the grant https://hcservices.ecourts.gov.in/hcservices/ 2 of patta. But the said application was rejected by the Tahsildar by an order dated 10.05.2010, on the ground that the vendors of the petitioner had acquired title to the property under a sale deed registered in Kerala. Aggrieved by the said order, the petitioner filed an appeal to the second respondent. But the second respondent dismissed the appeal by an order, dated 10.01.2011 and the same was confirmed by the first respondent by the impugned order, dated 15.09.2011. It is against these orders of all the respondents that the petitioner is before this Court. 4. The fact that the document under which the petitioner acquired title to the property was registered in the office of the Sub-Registrar, Melapalayam is not in dispute. The fact that the vendors of the petitioner registered their own document in Kerala can never be a ground for the respondents to reject the request of the petitioner for the grant of patta. The proceedings for grant of patta, are in no way concerned with the non- payment of appropriate stamp duty, in respect of the document of title registered in favour of the predecessor in title. As a matter of fact the amendment to the Act prohibiting the registration of sale deeds outside the state, came only in the year 1996. The predecessor in title of the petitioner purchased the property much before the amendment was brought to Section 28(b) of the Registration Act. In such circumstances, the impugned orders are wholly illegal and are liable to be set aside. 5. Therefore the Writ Petition is allowed, the impugned order is set aside and the respondents are directed to measure the property, sub-divide and grant patta to the petitioner, if all other things are in order within a period of eight weeks from the date of receipt of a copy of this order. No costs. SD ASSISTANT REGISTRAR(T&P) /TRUE COPY/ SUB ASST REGISTRAR /- ps To 1. The District Revenue Officer, District Collector Office, Tirunelveli. 2. The Revenue Divisional Officer, Tirunelveli, Tirunelveli District. 3. The Tahsildhar, Palayamkottai Taluk, Tirunelveli, Tirunelveli District. 1CC To Mr.M.Vallinayagam, Advocate, SR No.38982/2011 1cc To Mr.The Special Government Pleader, SR NO.39075/2011 SB:22/11/2011 2p 6c W.P (MD)No.12421 of 2011 https://hcservices.ecourts.gov.in/hcservices/