← Library
Madras High CourtWP/25818/2025disposed of

Anbalagan v. The Tahsildar

2025-07-18Honourable Mr.Justice Mohammed Shaffiq5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.07.2025

CORAM

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ Anbalagan, S/o.Mari Moopar ... Petitioner Vs.

The Tahsildar, Sankarapuram Taluk, Kallakurichi District.

... Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue Writ of Mandamus, directing the respondent to consider petitioner's application dated 13.07.2018 and 13.05.2025 directing the respondent to transfer the patta with regard to the land in Survey No.5/1B out of an extent 0.12.5 Ares (31 cents) in Murarpathu Village, Sankarapuram Taluk, Kallakurichi District.

For Petitioner : Mr.V.Gunasekar For Respondent : Mr.P.Sathish Additional Government Pleader

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 1/5

respondent to consider petitioner's applications dated 13.07.2018 and 13.05.2025 and to direct the respondent to transfer patta with regard to the land in Survey No.5/1B out of an extent 0.12.5 Ares (31 cents) in Murarpathu Village, Sankarapuram Taluk, Kallakurichi District.

3. It is submitted by the learned counsel for the petitioner that the petitioner is the absolute owner of the subject land by virtue of a Sale Deed dated 22.10.1990 registered as Doc.No.2405 of 1990 on the file of the Sub Registrar Office, Sankarapuram Taluk, Kallakurichi District. Though the petitioner had acquired title by virtue of the above Sale Deed, patta is found to remain in the name of the petitioner's vendor. It is under these circumstances, the petitioner submitted applications on 13.07.2018 and on 13.05.2025, seeking to transfer patta in respect of the subject property to his name, and the same are stated to be still pending. Hence, this writ petition.

4. At the outset, learned Additional Government Pleader for the respondent would submit that the applications dated 13.07.2018 and 13.05.2025 respectively, made by petitioner would be considered and appropriate orders would be passed within a time frame that may be fixed by this Court, which was agreed to by the 2/5

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 applications dated 13.07.2018 and 13.05.2025 respectively, on own merits and pass appropriate orders in accordance with law, after affording reasonable opportunity of hearing to the petitioner and any other interested persons/stake holders, within a period of eight (8) weeks from the date of receipt of a copy of this order. It is made clear that this Court has not expressed any views with regard to the merits of the matter and it is open to the respondent to consider the matter on its own merits and in accordance with law.

6. This writ petition, is thus, disposed of. No costs. 18.07.2025 Speaking (or) Non Speaking Order arb 3/5

To The Tahsildar, Sankarapuram Taluk, Kallakurichi District.

MOHAMMED SHAFFIQ, J.

4/5

arb 18.07.2025 5/5