P.Gunasekara Senthil v. The Revenue Thasildar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.01.2019

CORAM:

THE HON'BLE MR.JUSTICE V.BHARATHIDASAN W.P. No. 33654 of 2018 P.Gunasekara Senthil ... Petitioner Vs.

The Revenue Thasildar, Kangeyam Taluk, Kangeyam, Tiruppur District.

... Respondent PRAYER : Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus directing the respondent to change the name of the petitioner and his mother namely Saraswathi in patta No.259 in respect of the land in R.S.No.173/1(Old SF.No.794/1) to the extent of 3.25 acres and in R.S.No.173/3 (Old SF.No.794/3) to the extent of 2.45 acres and in total extent of 5.70 acres in Kuttapalayam Village, Kangeyam Taluk, Tiruppur District as the legal heirs of petitioner's deceased father namely Ponnusamy instead of Ponnusamy by considering the representation of the petitioner dated 18.10.2018.

For Petitioner : Mr.I.C.Vasudevan For Respondent : Mr.E.Balamurugan Special Government pleader

O R D E R

The writ petition has been filed seeking a direction to the respondent to dispose the petitioner's application for transfer of patta.

2.

According to the petitioner, the land in R.S.No.173/1 and 173/3 in Kuttapalayam Village, Kangeyam Taluk, belongs to the petitioner's father. After his death, the petitioner's mother Saraswathi and his sister Kalaiselvi, who are the legal heirs to succeed the property, have executed a https://hcservices.ecourts.gov.in/hcservices/

release deed dated 10.06.2014 in favour of the petitioner. Hence, the petitioner being the absolute owner of the property has made an application before the respondent seeking transfer of patta as early as on 18.10.2018. But, so far no order has been passed . Hence, the present writ petition has been filed. 3.Heard the learned counsel appearing for the petitioner and the learned Special Government Pleader appearing for the respondent.

4. Considering the limited prayer sought for in the writ petition, without going into the merits of the case, the respondent is directed to consider the petitioner's application and pass suitable orders on merits and in accordance with law , after issuing notice to the petitioner as well as the other interested person, within a period of eight weeks from the date of receipt of a copy of this order.

5. With the above direction, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar mrp/ssi To The Revenue Thasildar, Kangeyam Taluk, Kangeyam, Tiruppur District.

+1 cc to Mr.I.C.Vasudevan, Advocate SR.No.351 +1 cc to The Government Pleader, SR.No.511 W.P. No. 33654 of 2018 BS(CO) CSL/13.02.2019 https://hcservices.ecourts.gov.in/hcservices/