Vaithilingam v. The Tahsildar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.06.2025

CORAM

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

The Tahsildar, Virudhachalam Taluk, Cuddalore District ... Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus directing the respondent to dispose of the petitioner's patta transfer application dated 11.04.2025 within a stipulated time fixed by this Court.

For Petitioner : Mr.B. Karthik For Respondent : Mr.A. Selvendran, Spl. G.P.

ORDER

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

2. The present writ petition is filed praying for a writ of mandamus to direct the respondent to dispose of the petitioner's patta transfer application dated 11.04.2025 within a stipulated time fixed by this Court. 1/4

3. It is submitted by the learned counsel for the petitioner that the petitioner is the owner of the property comprised in S.No.89/5, Pudukuraipettai Village, Virudhachalam, Cuddalore District, measuring an extent of one acre. Petitioner acquired the above property by way of sale deed dated 15.10.2024 vide document No.6052 of 2024. The petitioner preferred an application on 11.04.2025 to the respondent through online seeking transfer of patta in his name in respect of the abovesaid property. However, the said representation has not been considered till date. Aggrieved by the same, the petitioner has come before this Court.

4. At the outset, it was submitted by the learned Spl. Government Pleader for respondent that there is a suit pending in O.S.No.514 of 2024 between the petitioner and one Govindasamy and other official respondents in respect of the subject property. In view thereof, it was submitted that in terms of Rule 4(4) of the Patta Pass Book Rules, the transfer or mutation of patta can be carried out only after the suit is decided. In any view, it is submitted by the learned Spl. Govt. Pleader that the application dated 11.04.2025 would be considered and appropriate orders would be passed after putting the petitioner, Govindasamy and other interested parties including rival claimants, if any, on notice and after affording them an opportunity of hearing, within a time frame to be fixed by this 2/4

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 respondent to consider the application dated 11.04.2025 on its own merits and pass appropriate orders in accordance with law, after putting the petitioner and other interested parties including rival claimants, if any, on notice and after affording them an opportunity of hearing, within a period of four weeks from the date of uploading of webcopy without waiting for the receipt of certified copy of this order. It is made clear that this Court has not expressed any views with regard to the merits of the representation and it is open to the concerned respondent to consider the representation on its own merits and in accordance with law.

6. Accordingly, the writ petition stands disposed of. No costs. 20.06.2025 Speaking (or) Non Speaking Order Index : Yes/ No msr 3/4

MOHAMMED SHAFFIQ, J.

msr To:

The Tahsildar, Virudhachalam Taluk, Cuddalore District 20.06.2025 4/4