Madras High CourtWP(MD)/1891/2025disposed of

R.Anjalai v. The District Collector

2025-01-28Honourable Mrs Justice N. Mala5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.01.2025

CORAM

THE HONOURABLE MRS.JUSTICE N.MALA R.Anjalai ... Petitioner Vs.

1. The District Collector, Pudukkottai District, Pudukkottai.

2. The Revenue Divisional Officer, Illuppur Division, Illuppur, Pudukkottai District.

3. The Tahsildar, Ponnamaravathi Taluk, Ponnamaravathi, Pudukkottai District.

... Respondents (*) PRAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ or order or Direction in the nature of Writ, very particularly, Writ of Mandamus , directing the respondents to transfer the patta and grant individual patta in the Petitioner's name in respect of the properties comprised in S.NO.65/1A1A1 to an extent of 1.58.50 ares and S.No.65/1A1A2 to an extent of 1.58.50 ares and S.No.65/1A1A2 to an extent of 0.83.00 ares and S.NO.66/5A to an extent of 0.26.00 ares situated at Melathaniyam Village,Ponnamaravathi Taluk, 1/5

Pudukkottai District based on the Settlement Deed vide Document No.2921/2010, dated 24.09.2010 within a time frame as may be fixed by this Honourable Court may deem fit and proper in the circumstances of the case and thus render justice. For Petitioner : Mr.P.Saravanakumar For Respondents : Mr.R.Raghavendran Government Advocate

O R D E R

The writ petition is filed a writ of mandamus directing the respondents to transfer the patta and grant individual patta in the petitioner's name in respect of the properties comprised in S.No. 65/1A1A1 to an extent of 1.58.50 Ares and S.No. 65/1A1A2 to an extent of 0.83.00 Ares and in S.No. 65/5A to an extent of 0.26.00 Ares in Melathaniyam Village, Ponnamaravathi Taluk, Pudukkottai District, based on the Settlement Deed vide Doc.No. 2921/2010 dated 24.09.2010 within a time frame to be fixed by this Court.

2. With consent of both parties, this Writ Petition is taken up for final disposal at the stage of admission itself.

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3. The subject properties were settled by the petitioner's husband by a settlement deed dated 24.09.2010 in favour of the petitioner. Ever since the settlement, the petitioner was in possession and enjoyment of the properties. Patta for the subject properties remained in the names of the petitioner's husband and others. The petitioner therefore submitted repeated representations to the respondents to transfer the patta in her name as per the provisions of Tamil Nadu Patta Passbook Act. The petitioner also submitted a representation dated 28.10.2024 to the respondents to issue an individual patta for the subject lands. As no action was taken by the respondents, the petitioner filed the above writ petition for the abovesaid relief.

4. It is seen that the petitioner submitted a representation for transfer of patta in her name as early as on 28.10.2024 and the third respondent has not initiated any action on the petitioner's representation. As the petitioner's representation has been kept pending without any action, a direction is issued to the third respondent to consider the petitioner's representation dated 28.10.2024 and pass orders on merits and in accordance with law by following the procedure contemplated under Section 10 of the Tamil Nadu Patta Passbook Act and Rule(4) of the Rules within a period of twelve weeks from the date of receipt of a copy of this order. 3/5

5. With the above direction, this writ petition is disposed of. No costs. Sd/- 28/01/2025 (*)Amended as per order of this Court dated 11/07/2025 made in WMP(MD)No. 8504 of 2025 in WP(MD)No.1891 of 2025 Sd/- Assistant Registrar ( C.O ) // True Copy // /03/2025 Sub Assistant Registrar (CS - I/II/III/IV) CM / VSN (*)To be substituted to the order already despatched on 28/04/2025 To:

1. The District Collector, Pudukkottai District, Pudukkottai.

2. The Revenue Divisional Officer, Illuppur Division, Illuppur, Pudukkottai District.

3. The Tahsildar, Ponnamaravathi Taluk, Ponnamaravathi, Pudukkottai District.

+1 CC to M/s.SPL.GP ( SR-6124[F] dated 29/01/2025 ) 4/5

+1 CC to M/s.P.KALAIYARASI BHARATHI, Advocate ( SR-5618[F] dated 28/01/2025 ) 28.01.2025 BV (13/03/2025) 5P/ 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023.

SB/11.08.2025 5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5