S.Kandasamy v. The Tahsildar,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.11.2021

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN W.P.No.2865 of 2020 S.Kandasamy ... Petitioner Vs

1. The Tahsildar, Palacode Taluk, Dharmapuri District.

2. The Joint-Sub Registrar No.2, Dharmapuri.

... Respondents Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the first respondent to effect transfer of the Patta over the lands in Survey Nos.862/1B (1Acre 98 1⁄2 cents), 862/4 (1 1⁄4 cents) of Pulikkarai Village (SRO, Joint Sub-Registrar No.2), and Survey Nos.58/2D2(55 1⁄2 cents) and 59/4 (11 cents) of Mothukulahalli Village, (SRO, Palacode) within Palacode Taluk, into the name of the petitioner, in pursuant to patta-transfer application acknowledgment slip bearing No.TNIGRS/2019/RURAL/14365473/21052019182042, dated 22.05.2019, issued by the second respondent while registering Doc.No.1808 of 2019 at the office of the second respondent.

For Petitioner : Mr.R.Selvakumar For Respondent : Mr.A.Selvendran Special Government Pleader

ORDER

This writ petition is filed to issue a Writ of Mandamus, directing the first respondent to effect transfer of the Patta over the lands in Survey Nos.862/1B (1Acre 98 1⁄2 cents), 862/4 (1 1⁄4 cents) of Pulikkarai Village (SRO, Joint Sub-Registrar No.2), and 59/4 (11 cents) of Mothukulahalli Village, (SRO, Palacode) within Palacode Taluk, into the name of the petitioner, in pursuant to patta-transfer application acknowledgment slip bearing No.TNIGRS/2019/RURAL/14365473/21052019182042, dated 22.05.2019, issued by the second respondent while registering Doc.No.1808 of 2019 at the office of the second respondent. https://hcservices.ecourts.gov.in/hcservices/

2. Considering the limited relief sought for in the petition, without expressing any opinion on merits of the writ petition, the first respondent is directed to conduct enquiry on the request made by the petitioner as well as the direction issued by the second respondent for transfer of patta in respect of the lands comprised in S.Nos.862/1B (1Acre 98 1⁄2 cents), 862/4 (1 1⁄4 cents) of Pulikkarai Village (SRO, Joint Sub-Registrar No.2), and 59/4 (11 cents) of Mothukulahalli Village, (SRO, Palacode) within Palacode Taluk, after issuance of notice to the parties concerned and counter parties, if any and after giving opportunity of hearing to them, pass orders to transfer of patta in favour of the petitioner on merits and in accordance with law within a period of twelve weeks from the date of receipt of a copy of this order.

3. With the above direction, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar(CS-CCC) //True copy// Sub Assistant Registrar kv To

1. The Tahsildar, Palacode Taluk, Dharmapuri District.

2. The Joint-Sub Registrar No.2, Dharmapuri.

+1cc to Mr.R.Selvakumar, Advocate SR.No.59698 +1cc to Government Pleader SR.No.60270 W.P.No.2865 of 2020 MG(CO) GMY(01/12/2021) https://hcservices.ecourts.gov.in/hcservices/