Kannan v. The Thasildhar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.02.2025

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH W.P.No.3061 of 2025 Kannan ... Petitioner Vs.

1.The Tahsildar, Tindivanam.

2.The Zonal Deputy Tahsildar, Tindivanam Taluk.

3.Chakravarthy ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents 1 and 2 to transfer the patta in favour of the petitioner pursuant to the civil court decree as confirmed by this Court in S.A. 536 of 2018 dated 17.12.2024 in respect of Survey No.94/6 -0-3.00 ares situate at karnavur village, Tindivanam Taluk, by considering the patta transfer application in the application No.2025 / 0103 / 07 / 409589 dated 4.1.2025 For Petitioner : Mr.N.Suresh For Respondents : Mr.S.Jayachandran Government Advocate for R1 and R2 1/4

O R D E R

This writ petition has been filed for issue of writ of mandamus directing the 1st respondent to deal with the application submitted by the petitioner dated 04.01.2025, wherein, the petitioner is seeking for issuance of patta in his name with respect to the subject property.

2.Heard Mr.N.Suresh, learned counsel appearing on behalf of the petitioner and Mr.S.Jayachandran, learned Government Advocate appearing on behalf of respondents 1 & 2.

3.The case of the petitioner is that he is the absolute owner of the subject property. The 3rd respondent started claiming right over the property and hence, he filed a suit for declaration and permanent injunction in O.S.No.527 of 2008 before the learned Additional District Munsif Court, Tindivanam. The suit was dismissed and the same was confirmed both by the Appellate Court and this Court in S.A.No.536 of 2018 by an order dated 17.12.2024. Pursuant to the same, the petitioner submitted an application on 04.01.2025 seeking for issuance of patta in his name. The grievance of the petitioner is that the patta now stands in the name of the 3rd respondent and the same has to be necessarily revoked in view of the judgement of 2/4

the competent Civil Court and fresh patta has to be granted in favour of the petitioner. Since the 1st respondent did not consider the application submitted by the petitioner, the present writ petition has been filed before this Court seeking for appropriate directions.

4.Taking into consideration the facts and circumstances of the case and considering the decree passed by the competent Civil Court, there shall be a direction to the 1st respondent to deal with the application submitted by the petitioner on 04.01.2025 in line with Board of Standing Order 31(4) and pass necessary orders, within a period of six weeks from the date of receipt of copy of this order. 5.This writ petition is disposed of with the above directions. No Costs. 06.02.2025 Internet : Yes Index : Yes Speaking Order / Non Speaking Order ssr To 1.The Tahsildar, Tindivanam.

3/4

N. ANAND VENKATESH, J.

ssr 2.The Zonal Deputy Tahsildar, Tindivanam Taluk.

W.P.No.3061 of 2025 06.02.2025 4/4