K.Velmurugan v. The District Collector

IN THE HIGH COURT OF JUDICATURE OF MADRAS

DATED: 25.06.2025

CORAM:

THE HON'BLE MR.JUSTICE MOHAMMED SHAFFIQ K.Velmurugan ..

Petitioner Vs.

1. The District Collector O/o. The District Collectorate Salem District.

2. The Revenue Tahsildar Kadaiyampatty Taluk Salem District.

..

Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the second respondent to transfer the patta in name of the petitioner and other legal heir of the deceased Kanthaiyan in Survey Numbers 137/5, Acre 2.91 is situated at Veppillai Village, Omalur Taluk, Now Kadaiyampatti Taluk, Salem District and consequently by this Court may be fixed the stipulated time for considering the petitioner's representation on 28.04.2025.

For Petitioner :

Mr.G.Munuraj For Respondents :

Mr.R.P.Murugan Raja Government Advocate

ORDER

By the consent of both parties, the present writ petition is taken up for final disposal at the admission stage itself. Page No.1 of 5

2. The present writ petition has been filed praying for a writ of mandamus to direct the second respondent to transfer the conditional patta, which stands in the name of the petitioner's father, namely, Late Kanthaiyan, in respect of the property comprised in S.No.137/5, measuring an extent of 2.91 acres, situated at Veppillai Village, Omalur Taluk (Now Kadaiyampatti Taluk), Salem District, by considering the petitioner's representation dated 28.04.2025.

3. It is submitted by the petitioner that the petitioner's father was issued with a conditional patta in respect of the subject property. The petitioner's father was engaged in agricultural activities on the subject property. After the demise of the petitioner's father, the same was inherited by the petitioner and his brothers.

4. It is submitted by Mr.G.Munuraj, learned counsel for the petitioner, that the subject property was partitioned between four legal heirs after the demise of the petitioner's father Kanthaiyan. The petitioner, thereafter, had requested for transfer of patta in his name in his capacity as a legal heir of Late Kanthaiyan. Page No.2 of 5

5. Mr.R.P.Murugan Raja, learned Government Advocate for the respondents would submit that the concerned respondent would consider and pass appropriate orders on the petitioner's representation, on its own merits and in accordance with law, after hearing the petitioner and the other legal heirs of Late Kanthaiyan and/or any other interested parties within a period of twelve weeks from the date of receipt of the uploaded copy of the order, which is accepted to by the learned counsel for the petitioner.

6. Recording the submissions made by the learned Government Advocate, the present writ petition stands disposed of. 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. There shall be no order as to costs.

25.06.2025 Index:Yes/No Speaking order/Non-speaking order drm Page No.3 of 5

To:

1. The District Collector O/o. The District Collectorate Salem District.

2. The Revenue Tahsildar Kadaiyampatty Taluk Salem District.

Page No.4 of 5

MOHAMMED SHAFFIQ, J.

(drm) 25.06.2025 Page No.5 of 5