Ramachandiran v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.06.2025

CORAM

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ Ramachandiran ... Petitioner Vs.

1. The District Collector, Salem District, Salem.

2. The Tahsildar, Pethanaickenpalayam Taluk, Salem District.

... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India praying for issuance of writ of mandamus, to direct the second respondent to transfer the patta pursuant to application for patta transfer vide No.2025/0103/08/554079 dated 17.05.2025 for a property comprised in Survey No.216/7 measuring to an extent of 1.61 acres situated at Kallur Village, Pethanaickenpalayam Taluk, Salem District. For Petitioner :

Mr.M.Ranjith Kumar For Respondents :

Mr.P.Sathish Additional Government Pleader

O R D E R

The present writ petition is filed praying for a writ of mandamus to direct the second respondent to transfer the patta pursuant to the application submitted by the petitioner vide Application No.2025/0103/08/554079 dated 17.05.2025 for a property comprised in Survey No.216/7 measuring an extent of 1.61 cents situated at Kallur Village, Pethanaickenpalayam Taluk, Salem District.

2. By consent of learned counsel on both sides, this writ petition is taken up for final disposal at the admission stage itself.

3. The case of the petitioner is that the property measuring an extent of 7.07 cents ancestrally belong to petitioner's father. In respect of the above cents, patta was issued in the name of the petitioner's father vide Patta No.180 dated 29.10.2004. The petitioner along with his brother had entered into partition deed which was registered vide Document No.1278 of 2025 on the file of Sub Registrar Office, Pethanaickenpalayam. It is further stated

that the petitioner and his brother had equally shared 7.07 cents. Accordingly, joint patta was issued in the name of the petitioner and his brother, viz., Murgesan vide Patta No.1183 dated 10.05.2025 by the second respondent only in respect to the property comprised in Survey No.221 measuring an extent of 5.46 cents. Whereas, the second respondent failed to transfer the patta in respect of remaining property comprised in Survey No.216/7 measuring an extent of 1.61 cents. The petitioner has thus submitted application on 17.05.2025 for transfer of patta in respect of remaining 1.61 cents and the same is stated to be pending. Hence, the present writ petition has been filed.

4. At the outset, it was submitted by learned Additional Government Pleader for respondents that the application dated 17.05.2025, made by petitioner would be considered and appropriate orders would be passed within a time frame to be fixed by this Court, which was agreed to by the learned counsel for petitioner.

5. In view of the same, taking into consideration the facts and circumstances of the case and the limited relief sought for in this writ petition, there shall be a direction to the second respondent to deal with the application made by the petitioner on 17.05.2025 seeking transfer of patta on its own merits and in accordance with law within a period of twelve weeks from the date of receipt of a copy of this order, after affording reasonable opportunity of hearing to the petitioner and the petitioner's father and brother and any other interested parties and also putting all the interested parties on notice. It is made clear that this Court has not expressed any view with regard to the merits of the case and it is open to the second respondent to consider the application on its own merits and in accordance with law.

6. Accordingly, the Writ Petition stands disposed of. No costs. 12.06.2025 NCC: Yes / No Index : Yes / No Speaking Order : Yes / No vji

To

1. The District Collector, Salem District, Salem.

2. The Tahsildar, Pethanaickenpalayam Taluk, Salem District.

MOHAMMED SHAFFIQ, J.

vji 12.06.2025