J.Vishnupathy v. The District Collector
In the High Court of Judicature at Madras Dated : 10.1.2025 Coram :
The Honourable Ms.Justice P.T.ASHA Writ Petition No.491 of 2025 J.Vishnupathy
...Petitioner
Vs
1. The District Collector Collectorate Tiruvannamalai Tiruvannamalai District.
2. The Assistant Director Survey and Land Records Tiruvannamalai Tiruvannamalai District.
3. The Revenue Tahsildar Kilpennathur Taluk Tiruvannamalai District.
...Respondents
PETITION under Article 226 of The Constitution of India praying for the issuance of a Writ of Mandamus directing the respondents 2 and 3 to conduct survey of the property and transfer patta in respect of the property measuring 1.20.00 Hectares (2.96 Acres) comprised R.S.No.167/3 (old S.F.No.129/4), Somasipadi Village, Kilpennathur Taluk, Tiruvannamalai District from the name of late Mr.R.Jayaraman to his legal heirs, by considering the petitioner's online application for 1/4
patta transfer vide CAN No.133021422240782 and No.2024/0103/06/ 431252 dated 23.8.2024 after conduct survey on the basis of Echalan dated 27.4.2023.
For Petitioner :
Mr.N.Manoharan For Respondents :
Mr.R.P.Murugan Raja, GA
ORDER
Seeking a direction to the third respondent to consider his online application dated 23.8.2024 to conduct a survey in respect of the property measuring 1.20.00 Hectares (2.96 Acres) comprised R.S.No. 167/3 (old S.F.No.129/4), Somasipadi Village, Kilpennathur Taluk, Tiruvannamalai District and to transfer patta in favour of the legal heirs of one Mr.R.Jayaraman, the petitioner is before this Court.
2. Heard the learned counsel for the petitioner and the learned Government Advocate accepting notice for the respondents.
3. The case of the petitioner is that the subject property belonged to his father. His father was also issued with a patta in respect of the subject property. His father acquired it by way of assignment. After the demise of the petitioner's parents, the petitioner and his two brothers inherited the subject property. So long, the patta 2/4
stands in the name of the petitioner's father. In order to effect mutation in the names of the petitioner and his two brothers, the petitioner made an online application on 27.4.2023 for patta transfer by paying necessary charges. As there was no progress, once again, the petitioner made an online application on 23.8.2024 to the third respondent along with requisite enclosures seeking for a subdivision patta transfer. The petitioner also sent a representation dated 23.12.2024 to the first respondent and another representation dated 30.12.2024 to the third respondent in this regard. However, the same have not yet been considered. Hence the writ petition.
4. Considering the limited nature of the relief sought, the writ petition is allowed and a Mandamus is issued to the third respondent to consider the online application of the petitioner dated 23.8.2024 for effecting subdivision and transferring patta in favour of the petitioner and his two brothers on merits and pass appropriate orders in accordance with law within a period of eight weeks from the date of receipt of a copy of this order. No costs.
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P.T.ASHA,J RS To
1. The District Collector Collectorate Tiruvannamalai Tiruvannamalai District.
2. The Assistant Director Survey and Land Records Tiruvannamalai Tiruvannamalai District.
3. The Revenue Tahsildar Kilpennathur Taluk Tiruvannamalai District.
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