M.Sathasivam v. The Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.02.2025

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH W.P.No.4697 of 2025 and W.M.P.No.5210 of 2025 M.Sathasivam ... Petitioner Vs.

1.The Collector, Erode, 2.The Revenue Divisional Officer, Gopichettipalayam, 3.The Tahsildar, Nambiyur Taluk, 4.The Sub Registrar, Nambiyur Taluk, 5.Ramayal 6.Jayalakshmi ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, direct the 2nd Respondent to dispose the appeal dated 1/4

28.08.2023 and transfer patta for the property admeasuring 1.66 acers comprised in S.No.205/2 situated at Irugalur Village, Nambiyur Taluk, Erode District. For Petitioner : Mr.D.Nandhagopal For Respondents : Mr.S.Jayachandran Government Advocate for R1 to R4

O R D E R

This writ petition has been filed for issue of writ of mandamus directing the 2nd respondent to dispose of the appeal dated 28.08.2023, wherein, the petitioner is seeking for transfer of patta with respect to the subject property. 2.Heard Mr.D.Nandhagopal, learned counsel appearing on behalf of the petitioner, Mr.S.Jayachandran, learned Government Advocate appearing on behalf of the respondents 1 to 4 and Mr.V.Anandhamurthy, learned counsel appearing on behalf of some third parties who are not added as parties in this writ petition. 3.It is seen from records that there is a dispute between the legal heirs of Marappa Gounder and Nanjappa Gounder with respect to the property in question. Already, the legal heirs of Nanjappa Gounder wanted to deal with the property and the same was objected before the Sub Registrar and such objections is said to have been over ruled. 2/4

The petitioner has now made a representation to the 2nd respondent to include the name of the petitioner as a joint patta holder. Since the same was pending, the present writ petition has been filed before this Court.

4.In the considered view of this Court, it will suffice if a direction is issued to the 2nd respondent to deal with the representation made by the petitioner on 28.08.2023 after affording opportunity to all the legal heirs of Marappa Gounder and Nanjappa Gounder and pass orders on its own merits and in accordance with law, within a period of eight weeks from the date of receipt of copy of this order. 5.This writ petition is disposed of with the above directions. No Costs. Consequently, connected miscellaneous petition is closed. 17.02.2025 Internet : Yes Index : Yes Speaking Order / Non Speaking Order ssr To 1.The Collector, Erode, 3/4

N. ANAND VENKATESH, J.

ssr 2.The Revenue Divisional Officer, Gopichettipalayam, 3.The Tahsildar, Nambiyur Taluk, 4.The Sub Registrar, Nambiyur Taluk, W.P.No.4697 of 2025 and W.M.P.No.5210 of 2025 17.02.2025 4/4