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Madras High CourtWP/3054/2025allowed

A.Subramaniam v. The Tasildhar

2025-01-31Honourable Ms. Justice P.T. Asha5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 31.01.2025

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA A.Subramaniam ... Petitioner Vs 1.The Tasildhar Anaimalai Taluk Coimbatore District.

2.The Village Administrative Officer Ambarampalayam Anaimalai Taluk Coimbatore District.

...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a writ of mandamus, directing the first respondent to mutate patta No.93 so that the petitioner's name can be reflected for his land at S.F.No.101/1A in Ambarampalayam Village of Anaimalai Taluk in Coimbatore District by considering the petitioner's application dated 07.11.2024.

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For Petitioner :

Mr.N.Ponraj For Respondents :

Mr.A.Selvendran Special Government Pleader [R1 & R2]

ORDER

Seeking a mandamus to the first respondent to consider his application dated 07.11.2024 to mutate patta No.93 in his name, the petitioner is before this Court.

2. Pursuant to the exchange deed dated 23.03.2024, executed between the petitioner and one Saraswathi in respect of subject property in S.F.No.101/1A in Ambarampalayam Village, Anaimalai Taluk, Coimbatore District, the petitioner was in possession and enjoyment of the property. Since the joint patta for the said property in Patta No.93 stands in the name of Saraswathi, the petitioner had made an online application on 07.11.2024 and also paid necessary charges to 2/5

mutate the patta in his name. Till date, the same was not considered by the first respondent. Hence, the petitioner is before this Court.

3. Heard the learned counsel on either side and perused the materials placed before this Court.

4. Considering the facts and circumstances of the case, a mandamus is issued to the first respondent to consider the petitioner's application dated 07.11.2024. The petitioner shall submit all the relevant records to show his title to the property. The first respondent after issuing notice to the petitioner and to the persons whose names are shown in Patta No.93, and after affording them an opportunity of personal hearing and holding an enquiry, shall proceed to mutate the patta including the name of the petitioner. In case of a rejection, a speaking order shall be passed. The aforesaid exercise shall be completed within a period of twelve weeks from the date of receipt of a copy of this order.

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5. With the above directions, the writ petition is allowed. No costs.

31.01.2025 Index: Yes/No Speaking order/non-speaking order ds To:

1.The Tasildhar Anaimalai Taluk Coimbatore District.

2.The Village Administrative Officer Ambarampalayam Anaimalai Taluk Coimbatore District.

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P.T.ASHA, J., ds 31.01.2025 5/5