Madras High CourtWP/23048/2021disposed of

G.Kala v. The Tahsildar

2021-10-27Honourable Mrs Justice V.Bhavani Subbaroyan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.10.2021

CORAM:

THE HON'BLE MRS.JUSTICE V.BHAVANI SUBBAROYAN W.P.NO.23048 OF 2021 G.Kala ... Petitioner -VsThe Tahsildar, Nemili Taluk, Ranipet District.

... Respondent PRAYER:- This Petition is filed under Article 226 of the Constitution of India, praying for the issue a Writ of Mandamus, directing the respondent to transfer the Patta from the petitioner's father namely Kanniyappan to the Petitioner and other legal heirs namely Balu, Thangam, Malathi, Komala, Vetriselvan, Venkatesan, Murugan based on the Patta transfer application dated 20.09.2021 and pass order accordingly. For Petitioner ::

M/s.S.Vinodha For Respondents ::

Mr.Yogesh Kannadasan (Government Advocate)

O R D E R

The relief sought for in this writ petition is for a direction to the the respondent to transfer the Patta from the petitioner's father namely Kanniyappan to the Petitioner and other legal heirs namely Balu, Thangam, Malathi, Komala, Vetriselvan, Venkatesan, Murugan based on the Patta transfer application dated 20.09.2021 and pass order accordingly.

2. Heard the learned counsel for the petitioners and the learned Government Advocate as well as perused the material available on records.

3. Having considered the facts and circumstances of the case and submissions of the learned counsel on either side, it is seen that the petitioner's father purchased the property https://hcservices.ecourts.gov.in/hcservices/

comprising in S.No.54/1, measuring Acre 1.50 cents situated at Agavalam Village, Nimili Taluk, Rannipet District. vide Document No.6422/2013 dated 26.08.2013 on the file of the SRO, Kaveripakkam. As the petitioner's father died intestate leaving behind the petitioner and other legal heirs and they are in possession and enjoyment of the property, the petitioner has applied for transfer of Patta on 20.02.2019 in the name of the legal heirs before the respondent enclosing all relevant documents. However, there is no fruitful action and proper reply in the regard so far from the side of the respondent. Hence, this Court without expressing any opinion with regard to the merits of the case, directs the respondent to consider the petitioner's application dated 20.09.2021 and pass appropriate orders on it within a period of Sixteen weeks from the date of receipt of copy of this order in accordance with law.

4. With the aforesaid directions, the present Writ petition is disposed of. Consequently, connected miscellaneous petitions are closed if any. No costs.

Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar Lbm To The Tahsildar, Nemili Taluk, Ranipet District.

+1cc to Mr.M.Rajendiran, Advocate, S.R.No.55477 +1cc to the Government Pleader, S.R.No.56217 W.P.NO.23048 OF 2021 CA(CO) PBS/22/12/2021 https://hcservices.ecourts.gov.in/hcservices/