S.Vithelingam, v. The District Collector,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.03.2021

CORAM

THE HONOURABLE MR.JUSTICE S.S.SUNDAR W.P.No.18173 of 2018 S.Vithelingam .. Petitioner Vs.

1.The District Collector Villupuram Villupuram District 2.Thasildar Ulundurpet 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 2nd respondent to consider petitioner's representation dated 11.05.2018 to issue patta in petitioner favour regarding land in Survey No.214/1A1 with an extent of 481 sq.ft. situated at Thiruperu Thakka Village, Ulundurpet Taluk, Villupuram District.

* * * For Petitioner :Mr.V.Vadivel For Respondents:Ms.A.Madhumathi Special Govt. Pleader

O R D E R

This writ petition is filed for issuance of a writ of mandamus directing the 2nd respondent to consider petitioner's representation dated 11.05.2018 to issue patta in his favour regarding the land in Survey No.214/1A1 having an extent of 481 sq.ft. situated at Thiruperu Thakka Village, Ulundurpet Taluk, Villupuram District.

2. Though the petitioner has produced before this court the patta that originally stood in favour of petitioner's grandmother, the petitioner now seeks transfer of patta in his name, without disclosing the death certificate and legal heirship certificate of petitioner's grandmother. It is also https://hcservices.ecourts.gov.in/hcservices/

seen that the petitioner has obtained a sale deed from his father.

3. In view of the factual contentions, this court is unable to give any positive direction. However, on production of the original patta in favour of his grandmother and the legal heirship certificate enabling the petitioner to claim exclusive ownership, the respondent shall consider the representation of the petitioner dated 11.05.2018, in the manner known to law. It is open to the Tahsildar to consider any other claim either by the legal heirs of petitioner's grandmother or other third parties. Depending upon the outcome of the enquiry, the Tahsildar may pass appropriate orders having regard to the specific provisions of the Tamil Nadu Patta Passbook Act. This exercise shall be done within a period of twelve weeks from the date of receipt of a copy of this order.

4. With the above direction, the writ petition is disposed of. However there is no order as to cost.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar Asr To 1.The District Collector Villupuram Villupuram District 2.Thasildar Ulundurpet Taluk Villupuram District W.P.No.18173 of 2018 PMK(CO) RG.21.04.2021(2P/3C) https://hcservices.ecourts.gov.in/hcservices/