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Madras High CourtWP/2960/2025allowed

V. Sowmya v. The District Revenue Officer,

2025-01-31Honourable Ms. Justice P.T. Asha6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 31.01.2025

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA W.P.No. 2960 of 2025 & W.M.P.Nos. 3247 & 3252 of 2025 1.V.Sowmya 2.S.R.Chandrasekaran 3.Srimath Narayanan

...Petitioners

Vs.

1.The District Revenue Officer, cum Additional District Executive Magistrate, Collectorate, Coimbatore.

2.The Revenue Divisional Officer, North Coimbatore 3.The Tahsildar Annur Taluk, Coimbatore.

4.The Assistant Commissioner, Hindu Religious and Charitable Endowment, Coimbatore.

...Respondents

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Prayer: Writ Petition is filed under Article 226 to issue a Writ of Mandamus directing the 3rd respondent to grant patta in the name of the 2nd petitioner and 3rd petitioner with regard to their property Bearing S.no.356 measuring 8.63 acres, Kanjapalli Village, Annur Taluk, Coimbatore District.

For Petitioner :

Mr. Subramanian For Respondents :

Mr. M.R.Gokul Krishnan 1 to 3 Additional Government Pleader For Respondent 4:

Mr. S.Ravichandran Additional Government Pleader HR & CE.

O R D E R

The Writ Petition is filed for the following relief: "To direct the 3rd respondent to grant patta in the name of the 2nd petitioner and 3rd petitioner with regard to their property Bearing S.no.356 measuring 8.63 acres, Kanjapalli Village, Annur Taluk, Coimbatore 2/6

District".

2. The petitioners' case is that one Venkataraman was the original owner of the subject property. All the revenue records including patta stood in his name. On the death of the said Venkataraman, his wife and children inherited the subject property. Thereafter, the legal heirs of the said Venkataraman applied for transfer of patta in their name. However, 3rd respondent did not transfer the patta stating that they have received an objection from the HR & CE department. 3.Thereafter the legal heirs of the said Venkataraman executed a power of attorney in favour of the 1st petitioner to deal with the property and the 1st petitioner sold the properties to the 2nd and 3rd petitioners. Since the 3rd respondent is refusing to transfer patta in the name of the 2nd and 3rd petitioners, the petitioners are before this Court. 3/6

4. Heard the learned counsels on the either side and perused the records.

5. Considering the fact that the deceased Venkataraman obtained a patta in his name and thereafter the revenue authorities are refusing to transfer patta in the name of his legal heirs and petitioners, a mandamus is issued to the 3rd respondent to consider the representation of the petitioners for transfer of patta, within a period of 4 weeks from the date of its re-presentation. The 3rd respondent shall consider the objection raised by the 4th respondent / HR & CE and pass orders on merits.

6. The Writ Petition is allowed. Consequently, the connected miscellaneous petitions are closed. No costs. 31.01.2025 Index : Yes/No Internet : Yes/No kan 4/6

To 1.The District Revenue Officer, cum Additional District Executive Magistrate, Collectorate, Coimbatore.

2.The Revenue Divisional Officer, North Coimbatore 3.The Tahsildar Annur Taluk, Coimbatore.

4.The Assistant Commissioner, Hindu Religious and Charitable Endowment, Coimbatore.

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P.T. ASHA, J, kan W.P.No. 2960 of 2025 31.01.2025 6/6