S.Ananthi v. The Tahsildar,

In the High Court of Judicature at Madras Dated : 09.12.2024 Coram :

The Honourable Ms.Justice P.T.ASHA Writ Petition No.36322 of 2024 S.Ananthi

...Petitioner

Vs 1.The Tahsildar, Tindivanam Taluk, Tindivanam, Villupuram District.

2.The Sub-Registrar, Registration Department, Mailam, Tindivanam Taluk, Villupuram District.

3.Gomathi

...Respondents

PETITION under Article 226 of The Constitution of India praying for the issuance of a Writ of Mandamus directing the first respondent to issue patta in respect of plot Nos.7,8 and 9, Sakthivelan Nagar situated in S.Nos.97/7 and 97/8, as per subdivision in S.Nos.97/7A and 97/9 in old S.No.46/5, Kanniyam Village, Tindivanam Taluk, Villupuram District under cover of valid registered sale deed in doc.No. 2915 of 2024 dated 31.7.2024.

For Petitioner :

Mr.C.Prakasam For R1 & R2 :

Mr.G.Velu, AGP 1/4

ORDER

Seeking a direction to the first respondent to issue a patta in respect of plot Nos.7, 8 and 9, Sakthivelan Nagar in S.Nos.97/7 and 97/8 and as per subdivision, in S.Nos.97/7A and 97/9 in old S.No.46/5, Kanniyam Village, Tindivanam Taluk, Villupuram District, the petitioner is before this Court.

2. Heard the learned counsel for the petitioner and the learned Additional Government Pleader accepting notice for respondents 1 and 2.

3. The case of the petitioner is that she purchased the said properties under a sale deed dated 31.7.2024 registered as doc.No. 2915 of 2024 on the file of the second respondent. The second respondent forwarded the application of the petitioner, filed along with the said sale deed for transfer of patta in her name, to the first respondent. The petitioner also paid necessary charges. She also made an online application dated 03.10.2024 to the first respondent for the subdivision patta transfer. But, the patta transfer has not taken place to date. Hence the writ petition.

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4. On hearing the learned counsel on either side and perusing the records, it is seen that the first respondent has not even looked into the application that had been forwarded by the second respondent. He has also chosen to ignore the online application of the petitioner. In the considered view of this Court, the first respondent has failed to perform his statutory duty cast on him.

5. In the light of the above, the writ petition is allowed and a Mandamus is issued to the first respondent to consider the online application of the petitioner dated 03.10.2024 for the subdivision patta transfer taking into consideration the sale deed executed in favour of the petitioner and pass appropriate orders within a period of eight weeks from the date of receipt of a copy of this order. No costs. 09.12.2024 To 1.The Tahsildar, Tindivanam Taluk, Tindivanam, Villupuram District.

2.The Sub-Registrar, Registration Department, Mailam, Tindivanam Taluk, Villupuram District.

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P.T.ASHA,J RS 09.12.2024 4/4