Madras High CourtWP/9005/2015disposed of

Mrs.Amutha v. The Thasildar

2015-03-30Honourable Mr Justice T. S. Sivagnanam2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 30.03.2015

CORAM

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM WP.No.9005/2015 Mrs.Amutha Rep. by her Power Attorney M.Ramalingam

...Petitioner

Versus

1. The Thasildar, Kancheepuram Taluk, Kancheepuram District.

2. The Collector, Kancheepuram Taluk, Kancheepuram District.

...Respondents

Writ petition filed under Article 226 of the Constitution of India praying for a writ of mandamus to direct the 1st respondent to consider the representation dated 11.11.2014 to transfer of patta. For Petitioner :

Mr.C.Samadharma Arasu For Respondents :

Mr.R.Vijayakumar, AGP

ORDER

Heard Mr.C.Samadharma Arasu, learned counsel for the petitioner and Mr.R.Vijayakumar, learned Additional Government Pleader appearing for the respondents and with their consent, the writ petition is disposed of at the admission stage itself.

2.The petitioner has filed this writ petition seeking for a direction to the 1st respondent to consider the representation dated 11.11.2014 to transfer of patta.

https://hcservices.ecourts.gov.in/hcservices/

3.Admittedly, the petitioner has not produced the patta granted in favour of the petitioner's vendor or the predecessor in title. Therefore, at this juncture, the question of issuing a positive direction to grant patta or to consider her representation and transfer the patta in her name, does not arise. However, the petitioner is not without any remedy.

4.It is open to the petitioner to approach the 1st respondent by producing the necessary documents to show that the petitioner's vendor and predecessors were in possession of the property in question by producing the patta issued in their favour and thereafter, requests for transfer of patta in her name and if the same is done, the 1st respondent shall consider the application on merits and in accordance with law within a period of three months from the date on which the petitioner complies with the above direction and produces the patta of the petitioner's vendor/predecessors of the land.

5.The writ petition is disposed of with the above direction. No costs.

Sd/- Assistant Registrar(CS-IV) //True Copy// Sub Assistant Registrar AP To

1. The Thasildar, Kancheepuram Taluk, Kancheepuram District.

2. The Collector, Kancheepuram Taluk, Kancheepuram District.

1 CC to Mr.C.Samadharma Arasu, Advocate SR.No. 17620 WP.No.9005/2015 SR (CO) PSI (09.04.2015) https://hcservices.ecourts.gov.in/hcservices/