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Madras High CourtWP/10264/2023allowed

Ragupathy v. The Tahsildar

2024-11-07Honourable Ms. Justice P.T. Asha4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.11.2024

CORAM:

THE HONOURABLE Ms. JUSTICE P.T.ASHA and W.M.P.Nos.10255 and 10256 of 2023 Ragupathy ... Petitioner Vs.

1.The Tahsildar Thiruvallur Taluk, Thiruvallur District.

2.The Zonal Deputy Tahsildar Thiruvallur Taluk, Thiruvallur District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus to call for the records relating to the impugned order dated 22.11.2018 vide T.R.No.2018/0103/01/121348TR and Patta No.3356 issued by the 2nd respondent and quash the same as illegal and unconstitutional and consequently direct the respondents to restore the Patta in Patta No.430 stands in the name of the petitioner's father namely Balaraman which relates to the property measuring to an extent of Ac.02.86 cents comprised 1/4

in S.Nos.232, 233/6A, 233/7 situated at Mappedu Village, Thiruvallur Taluk, Thiruvallur District.

For Petitioner : Mr.A.V.Raja For Respondents : Mr.G.Velu Additional Government Pleader

ORDER

This Writ Petition is filed for a Certiorarified Mandamus to call for the records relating to the impugned order dated 22.11.2018 vide T.R.No.2018/0103/01/121348TR and Patta No.3356 issued by the 2nd respondent and quash the same as illegal and unconstitutional and consequently direct the respondents to restore the Patta in Patta No.430 stands in the name of the petitioner's father namely Balaraman which relates to the property measuring to an extent of Ac.02.86 cents comprised in S.Nos.232, 233/6A, 233/7 situated at Mappedu Village, Thiruvallur Taluk, Thiruvallur District.

2. On perusal of the writ petition and the facts set out therein and on perusal of the appended documents, the impugned order is set aside and the matter is remitted back in the light of the fact that the person who is shown as applicant namely Duraisamy Pillai who is stated to have been 2/4

filed the application for change of patta on 13.11.2018, is the paternal uncle of the petitioner who had died as early as on 19.09.1984. Therefore, the respondents are directed to revert the entry back in the name of Balaramapillai, the father of the petitioner.

3. It is open to the petitioner and the siblings to make application to the respondents within three weeks from the date of receipt of a copy of this order and on receipt of application from the petitioner, the respondents are directed to transfer the patta as sought for by the petitioner within a period of eight weeks from the date of receipt of application from the petitioner. This Writ Petition is allowed. Consequently, connected miscellaneous petitions are closed. There shall be no order as to costs.

07.11.2024 ssn 3/4

P.T.ASHA, J., ssn To 1.The Tahsildar Thiruvallur Taluk, Thiruvallur District.

2.The Zonal Deputy Tahsildar Thiruvallur Taluk, Thiruvallur District.

and W.M.P.Nos.10255 and 10256 of 2023 07.11.2024 4/4