Padmavathiammal, v. The Tahsildar,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.06.2018

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P.No.12202 of 2010 and MP.No.1 of 2010 1.Padmavathiammal 2.D.Sunil Kumar 3.Lakshmi ... Petitioners Vs.

1.The Tahsildar, Uthukkottai Taluk, Thiruvallur District.

2.C.Mohan 3.C.Bhaskar ... Respondents Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the 1st respondent to cancel the patta issued in the name of the 2nd and 3rd respondents and consequently issue or transfer patta in the name of the 2nd and 3rd petitioners in respect of the property viz., agricultural land measuring 0.99 cents comprised in S.No.1387/1, situated at No.98, Senkathakulam Village, Vadamadurai Village, Uthukkottai Taluk, Thiruvallur District.

For Petitioners : Mr.C.R.Dhasarathan For R1 : Mr.J.Ramesh, AGP For R2 & R3 : Mr.P.Selvaraj

O R D E R

The petitioners have filed this writ petition for a Mandamus directing the first respondent to cancel the patta issued in the name of the respondents 2 and 3 and consequently issue or transfer patta in the name of the petitioners 2 and 3 in respect of the property viz., agricultural land measuring to an extent of 0.99 cents comprised in S.No.1387/1, situated at No.98, Senkathakulam Village, Vadamadurai Village, Uthukkottai Taluk, Thiruvallur District.

2.When the matter was taken up for consideration, the learned Additional Government Pleader appearing for the first https://hcservices.ecourts.gov.in/hcservices/

respondent submitted that the petitioners, instead of challenging the order passed by the first respondent, transferring the patta in the name of the respondents 2 and 3, have straight away approached this Court with the present writ petition, whereas, the learned counsel for the petitioners submitted that without issuing any notice to the petitioner, the first respondent has passed the aforesaid order, which has not even been served on the petitioners.

3.Considering the facts and circumstances of the case and having regard to the submissions made by the learned counsel on either side, this Court disposes of this writ petition, leaving it open to the petitioners to obtain a copy of the order passed by the first respondent, with regard to patta transfer in the name of the respondents 2 and 3, and to challenge the same in the manner known to law. No costs. Consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar(CS VII) //True copy// Sub Assistant Registrar drl To The Tahsildar, Uthukkottai Taluk, Thiruvallur District.

+1cc to Mr.P.Selvaraj, Advocate SR.No.38906 +1cc to Government Pleader SR.No.39542 W.P.No.12202 of 2010 AD(CO) GN(23/07/2018) https://hcservices.ecourts.gov.in/hcservices/