Palaniyammal v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 30.06.2025 Coram:

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ Palaniyammal

...Petitioner

Versus

1.The District Collector, Dharmapuri, Dharmapuri District.

2.The Zonal Deputy Tahsildar, Palacode Taluk, Dharmapuri District.

3.The Village Administrative Officer, Palacode Town, Dharmapuri District.

...Respondents

Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of mandamus directing the 2nd respondent to issue separate patta in the name of the petitioner by removing the name of the previous owner based on the Sale Deed in Doc.No.3863 of 2022 dated 19.10.2022 for the property in S.No.1244/25 (Natham S.No.996/1A1), Kammalar Street, Palacode Village and Town, Palacode Taluk, Dharmapuri District.

For Petitioner :

Mr.M.R.Jothimanian for Mr.K.Balu For Respondents :

Mr.A.Selvendran, Special Government Pleader 1/6

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 has been filed for issuance of a writ of mandamus to the 2nd respondent to issue separate patta in the name of the petitioner by removing the name of the previous owner, based on the Sale Deed in Doc.No.3863 of 2022 dated 19.10.2022 for the property in S.No.1244/25 (Natham S.No.996/1A1), Kammalar Street, Palacode Village and Town, Palacode Taluk, Dharmapuri District.

3. The learned counsel for the petitioner submitted that the petitioner has purchased a land comprised in Survey No.1244/25 (Natham S.No.996/1A1) situated at Kammalar Street, Palacode Village and Town, Palacode Taluk, Dharmapuri District from one Uma w/o. Murugesan by virtue of Sale Deed dated 19.10.2022 which was registered as Document No.3863 of 2022 on the file of the Sub Registrar Office, Palacode. The petitioner is in absolute possession and enjoyment of the said land. 2/6

3.1. It is also submitted that after the purchase of subject land, the petitioner made an application seeking to transfer the Patta for the subject land in her name, pursuant to which, Patta has been issued on 03.09.2024, but, in the said Patta, the petitioner's name has been included along with the name of the petitioner's vendor viz., Uma.

3.2. The learned counsel for the petitioner further submitted that aggrieved over the inclusion of the name of petitioner's vendor in the Patta, the petitioner submitted an online application before the 2nd respondent on 30.05.2025, seeking to transfer the Patta for the subject land in her name by deleting the name of previous owner. However, again, the 2nd respondent has issued the Patta containing the petitioner's name along with the name of previous owner.

3.3. It is submitted by the learned counsel for the petitioner that the petitioner made a representation dated 09.06.2025 to the 2nd respondent, requesting to remove the name of previous owner and issue Patta for the subject land in her name, but, there was no response from the 2nd respondent. Hence, the petitioner has filed this writ petition. 3/6

4. The learned Special Government Pleader appearing for the respondents submitted that the respondents would conduct an enquiry and pass appropriate orders, after issuing notice to the petitioner as well as petitioner's vendor, within a time frame fixed by this Court.

5. In view thereof, the writ petition stands disposed of with the direction to the respondents to conduct an enquiry and pass appropriate orders, after issuing notice to the petitioner as well as Uma (petitioner's vendor), within a period of six (6) weeks from the date of uploading of the web copy of this order 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 case and it is open to the concerned respondents to consider the matter and pass orders, on its own merits and in accordance with law. No costs.

30.06.2025 mrr Index : Yes/No Speaking Order (or) Non-Speaking Order 4/6

To 1.The District Collector, Dharmapuri, Dharmapuri District.

2.The Zonal Deputy Tahsildar, Palacode Taluk, Dharmapuri District.

3.The Village Administrative Officer, Palacode Town, Dharmapuri District.

5/6

MOHAMMED SHAFFIQ, J.

mrr 30.06.2025 6/6