Ramadesigan v. The Distirct Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.09.2021

CORAM:

THE HON'BLE MRS.JUSTICE V.BHAVANI SUBBAROYAN W.P.NO.19524 OF 2021 Ramadesigan ... Petitioner

Versus

1. The District Collector, Villupuram District, Villupuram

2. The Revenue Divisional Officer, Villupuram Taluk, Villupuram District.

3. The Tahsildar, Taluk Office, Villupuram Taluk, Villupuram District.

... Respondents PRAYER:- Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the 3rd respondent to transfer the patta in the petitioner's name for the property comprised in S.No.185/8 to an extent of 21 1/2 cents and another property comprised in S.No.243/9B to an extent of 267 Sq.Meter situated at Panampattu Village, Villupuram Taluk & District by considering the petitioner's representation dated 21.08.2018.

For Petitioner : Mr.B.Siddeswaran For Respondents : Mr.Yogesh Kannadasan Government Advocate

ORDER

This writ petition has been filed for issuance of Writ of Mandamus, directing the 3rd respondent to transfer the patta in the petitioner's name in respect of the property comprised in Survey No.185/8 measuring to an extent of 21 1/2 cents and another property comprised in Survey No.243/9B measuring to an extent of 267 sq.meter situated at Panampattu Village, Villupuram Taluk and District by considering the petitioner's representation dated 21.08.2018.

2. According to the petitioner, the petitioner's father had purchased the above mentioned property including house site land and agricultural land who was in possession and enjoyment of the same. On 21.04.2014, the petitioner's father has executed a Will in favour of the petitioner. After demise of the petitioner's father, the petitioner is in possession and enjoyment of the property. Till date, no one claim has been made any of his family members and there is no dispute pending before any civil Court in respect of aforesaid property, based on the Will dated 21.04.2014. Subsequently, he has sent a representation dated 21.08.2018 before the third Respondent/ Tahsildar for transferring patta in the petitioner's name, but the Revenue Officials herein, have not taken any steps in this regard. Hence, the petitioner has come forward with the present writ petition before this Court seeking for appropriate relief.

3. The learned counsel appearing for the petitioner submitted that the petitioner will be satisfied if a direction is issued to the 3rd respondent to transfer the patta in the petitioner's name in respect of the aforesaid property, by considering the petitioner's representation dated 21.08.2018.

4. Mr.Yogesh Kannadasan, learned Government Advocate appearing for the respondents submitted that the representation of the petitioner dated 21.08.2018 will be considered and pass appropriate orders in accordance with law after scrutinizing the Revenue Records to prove that the petitioner is in possession and enjoyment of the aforesaid property.

5. Heard both sides and perused the materials available on record.

6. Having regard to the limited scope of the prayer that is now sought for in this writ petition before this Court and taking into account the submissions made on either side, the Writ Petition is disposed of, with a direction to the 3rd respondent to consider the petitioner's representation dated 21.08.2018 and pass appropriate orders on merits and in

accordance with law, within a period of sixteen weeks from the date of receipt of a copy of this order. No costs. Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar To 1.

The District Collector, Villupuram District, Villupuram 2.

The Revenue Divisional Officer, Villupuram Taluk, Villupuram District.

3.

The Tahsildar, Taluk Office, Villupuram Taluk, Villupuram District.

+1cc to Mr.B.Siddeswaran, Advocate, S.R.No.47096 +1cc to the Government Pleader, S.R.No.47501 W.P.NO.19524 OF 2021 RGN(CO) PBS/28/10/2021