Velumani v. The Government Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.04.2024

CORAM

THE HONOURABLE MR. JUSTICE N. SATHISH KUMAR Velumani .. Petitioner

Versus

1. The Government of Tamil Nadu, Rep. by its Secretary, Revenue and Disaster Management Department, Fort St. George, Chennai - 00 009.

2. The Revenue Divisional Officer, Erode.

3. The Revenue Tahsildar, Modakurichi, Erode District.

4. The Special Tahsildar, Adi Dravida Welfare, Erode.

5. Kayalvizhi .. Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents 1 to 4, particularly the Revenue Divisional Officer, Erode and Special Tahsildar, [Adi Dravidar Welfare], Erode to effect name transfer in favour of the petitioner in respect of the plot No.56, re-survey No.78/1 at Periyar nagar, Nanjai Uttukuli Village, Modakurichi Taluk, Erode District by cancelling the patta HSD No.1016 as per the communication in Na.Ka.No.1869.2022/A3 dated 1/5

19.04.2022 of the Revenue Tahsildar, Modakurichi the third respondent herein and made necessary entry in the Village Accounts Tamil Nila Inayam and issue online patta to the petitioner for the plot No.56 re-survey No.78/1 in Nanjai Utukuli Periyar Nagar, Erode forthwith.

For Petitioner : Mr.K.Balakrishnan For Respondents : Mr.A.Selvendran Special Government Pleader

ORDER

With the consent of both sides, this Writ Petition is taken up for final disposal at the admission stage itself.

2. This writ petition is filed to direct the respondents 1 to 4, particularly the Revenue Divisional Officer, Erode and Special Tahsildar, [Adi Dravidar Welfare], Erode to effect name transfer in the patta in favour of the petitioner by cancelling the patta issued in favour of the fifth respondent.

3. Heard learned counsel for the petitioner and the learned Special Government Pleader appearing for the respondents and perused the materials available on record.

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4. The case of the petitioner is that though the land has been allotted to the fifth respondent, who is the wife of the petitioner, as she got divorce, she is living with her parents, the petitioner is in continuous possession of the property. The petitioner has also obtained electricity connection for the house and Aadhar and Voter Identification has also been issued to the petitioner to the said address. In this regard, enquiry has also been done and the second and third respondents were directed to transfer patta in the name of the petitioner. Despite the same, name transfer has not been mutated in the patta. Hence, the present Writ Petition.

5. Considering the limited relief sought for in this writ petition, there shall be a direction to the respondents 1 to 4 to pass Orders on merits as per the communication of the third respondent dated 19.04.2022. within a period of two months from the date of receipt of a copy of this order.

6. With the above direction, this writ petition is disposed of. No costs. 22.04.2024 vrc 3/5

Index :Yes/No Internet :Yes/No : Yes/No To,

1. The Secretary, Revenue and Disaster Management Department, Fort St. George, Chennai - 00 009.

2. The Revenue Divisional Officer, Erode.

3. The Revenue Tahsildar, Modakurichi, Erode District.

4. The Special Tahsildar, Adi Dravida Welfare, Erode.

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N. SATHISH KUMAR , J.

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