G.Joseph v. The District Revenue Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.05.2024 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.No.14222 of 2024 and W.M.P.Nos.15411 & 15414 of 2024 G.Joseph ... Petitioner vs

1. The District Revenue Officer, Tiruvallur, Tiruvallur District.

2. The Revenue Divisional Officer, Tiruttani, Tiruvallur District.

3. The Tahsildar, Tiruttani Taluk, Tiruvallur District.

... Respondents Petition filed under Article 226 of the Constitution of India praying to issue a writ of Certiorarified Mandamus calling for the records in impugned rejection order in Koppu No.2024/0105/01/552807 dated 25.03.2024 passed by the 3rd respondent herein and quash the same and consequently direct the respondent Nos.1 to 3 to process the application No.2024/0105/01/552807 afresh for issuance of sub division patta transfer for the petitioner's landed property. For Petitioner :

Mr.N.Sudharsan For Respondents :

Mr.U.Baranidharan, Additional Government Pleader 1/4

ORDER

Heard both sides.

2. The only ground for rejecting the petitioner's request for mutation was that reliance is placed on an unregistered Will.

3. It is well settled that a Will does not require registration. On this ground alone, the order impugned is set aside. The matter is remitted to the file of the third respondent. The third respondent will conduct a fresh enquiry and pass appropriate orders on merits and in accordance with law within a period of eight weeks from the date of receipt of a copy of this order.

4. Writ petition stands allowed accordingly. No costs. Connected miscellaneous petitions are closed. 25.05.2024 Index:Yes/No ssm/gvn 2/4

To

1. The District Revenue Officer, Tiruvallur, Tiruvallur District.

2. The Revenue Divisional Officer, Tiruttani, Tiruvallur District.

3. The Tahsildar, Tiruttani Taluk, Tiruvallur District.

3/4

G.R.SWAMINATHAN,J.

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