Madras High CourtWP/11218/2022disposed of

S.Prema v. The Tahsildar

2022-04-28Honourable Mr Justice M.Dhandapani2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.04.2022 CORAM :

THE HONOURABLE MR. JUSTICE M.DHANDAPANI W.P. No.11218 of 2022

1. S.Prema

2. S.Saravanan

3. S.Devaraj

4. S.Dhanasekaran

5. S.Moorthi ... Petitioners Vs.

1. The Tahsildar, Arakkonam (TK) Ranipet District ... Respondent Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondent to transfer the patta in the name of petitioners, property situated at Arigilpadi Village & Post, Arakkonam (TK), Ranipet District in pursuance to the online application bearing No.2021/0103/37/211404 dated 22.12.2021. For Petitioner : Mr.L.P.Shanmugasundaram For Respondents : Mr.R.P.Murugan Raja Government Advocate

O R D E R

This writ petition has been filed seeking for issuance of a Writ of Mandamus to direct the respondent to transfer the Patta in the name of petitioners' property situated at Arigilpadi Village & Post, Arakkonam (TK), Ranipet District, in pursuance to the on-line application bearing No.2021/0103/37/211404, dated 22.12.2021.

2. The case of the petitioners is that one Sivan, who is the husband of the first petitioner and father of the other petitioners, owned a property in S.Nos.57/3, 58/12, 58/15, 58/19 and 58/2 of an extent of 48.50 hectares. After the demise of the said Sivan, the petitioners are the absolute owners of the said https://hcservices.ecourts.gov.in/hcservices/

property. Therefore, the petitioners have made an application dated 22.12.2021 to the respondent through on-line for transfer of Patta in the name of the petitioners. However, till date, the petitioners' application was not considered by the respondent. Hence, the petitioners have filed the present Writ Petition for the aforesaid relief.

3. Though very many grounds have been raised in this Writ Petition, learned counsel for the petitioners submitted that it is sufficient if this Court issues direction to the respondent to consider the petitioners' application dated 22.12.2021 and pass orders on merits, within a particular time frame that may be fixed by this Court.

4. The learned Government Advocate appearing for the respondent has no objection for said order being passed.

5. Considering the limited relief sought for by the petitioners, this Court, without going into the merits of the case, directs the respondent/ Tahsildar to consider the said application of the petitioner dated 22.12.2021 and pass appropriate orders, on merits and in accordance with law, after affording an opportunity of hearing to the petitioner as well as aggrieved persons if any, within a period of eight weeks from the date of receipt of a copy of this order.

6. With the above observations and direction, the Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar mp/anu To The Tahsildar, Arakkonam(TK) Ranipet District.

+1cc to Mr.L.P.Shanmugasundaram, Advocate, S.R.No.29360 +1cc to the Government Pleader, S.R.No.30954 W.P. No.11218 of 2022 MG[co] NSK/25/05/2022 https://hcservices.ecourts.gov.in/hcservices/