Madras High CourtWP(MD)/2835/2022disposed of

Gopalakrishnan M v. The Tahsildar

2022-02-11Honourable Mr Justice Abdul Quddhose2 pages

W.P.(MD)No.2835 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.02.2022

CORAM

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE W.P.(MD)No.2835 of 2022 M.Gopalakrishnan ... Petitioner vs.

The Tahsildar, Eral Taluk, Thoothukudi District.

... Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, to direct the respondent to change the patta in favour of the petitioner in respect of land measuring 2 3/8 cent comprised in Natham S.No.889/29 at Alwarthirunagari Village, Eral Taluk, Thoothukudi District on the basis of his representation, dated 12.01.2021. For Petitioner : Mr.T.Indrachithu For Respondent : Mrs.S.Jeyapriya Government Advocate *****

O R D E R

This Writ Petition has been filed for a Mandamus seeking for a direction to transfer patta in the name of the petitioner for the land measuring 2 3/8 cent comprised in Natham S.No.889/29 at Alwarthirunagari Village, Eral Taluk, Thoothukudi District on the basis of his representation, dated 12.01.2021, within a time frame to be fixed by this Court.

2.The case of the petitioner is that the aforementioned property was bequeathed to him under a Will executed by his grandmother, Packiam. According to him, therefore, he is entitled for transfer of patta in his name. He has submitted an application on 12.01.2021 seeking for transfer of patta in his name. Since the said application has not been considered, he has filed the present Writ Petition.

3.Heard Mr.T.Indrachithu, learned Counsel for the petitioner and Mrs.S.Jeyapriya, learned Government Advocate, who takes notice on behalf of the respondent. By consent of both parties, this Writ Petition is taken up for final disposal at the admission stage itself.

4.No prejudice would be caused to the respondent or any other persons, if the petitioner's representation is considered on merits https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.2835 of 2022 and in accordance with law after hearing all the legal heirs of Packiam, the grandmother of the petitioner, within a time frame to be fixed by this Court.

5.Therefore, this Court directs the respondent to consider the petitioner's representation, dated 12.01.2021 seeking for transfer of patta in his name for the land measuring 2 3/8 cent comprised in Natham S.No.889/29 at Alwarthirunagari Village, Eral Taluk, Thoothukudi District and pass final orders on merits and in accordance with law after affording a fair hearing to the petitioner and all the legal heirs of deceased Packiam, the grandmother of the petitioner within a period of twelve weeks from the date of receipt of a copy of this order.

6.With the above observation, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar(CS-I) // True Copy // / /2022 Sub Assistant Registrar(CS) cmr To The Tahsildar, Eral Taluk, Thoothukudi District.

+1 CC to M/s.T.INDRACHITHU, Advocate ( SR-6044[F] dated 14/02/2022 ) +1 CC to M/s.SPL GP ( SR-5947[F] dated 14/02/2022 ) Order made in W.P.(MD)No.2835 of 2022 11.02.2022 svn(CO) TR(23.02.2022) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2