Madras High CourtWP(MD)/3940/2025disposed of

Naina Mohamed v. The Revenue Divisional Officer

2025-02-14Honourable Mr Justice P.B. Balaji4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.02.2025

CORAM:

THE HONOURABLE MR.JUSTICE P.B.BALAJI Naina Mohamed ... Petitioner Vs.

1.The Revenue Divisional Officer, Ramanathapuram Division, Ramanathapuram District.

2.The Tahsildar, Thiruvadanai Taluka, Ramanathapuram District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, to direct the respondents to issue a patta in Survey No.447/16D in Mangalakudi Revenue Village, Thiruvadanai Taluka, Ramanathapuram District based on the sale deed in Doc.No.808/1980 dated 12.09.1980 on the file of the Sub Registrar, Thondi, Ramanathapuram District, by considering the petition No.10536788 dated 16.12.2024 within a time stipulated by this Court.

For Petitioner : Mr.B.Mahendrarajan For Respondents : Mr.B.Saravanan Additional Government Pleader 1/4

ORDER

The writ petitioner seeks issuance of a Writ of Mandamus to direct the respondents to issue patta in S.No.477/16D situated at Mangalakudi Revenue Village, Thiruvadanai Taluka, Ramanathapuram District, based on the purchase made by his father from one Nagalingam and subsequent to the settlement deed in favour of the petitioner and his sister. The petitioner has made in-person application on 16.12.2024 to the second respodnent seeking transfer of patta in the name of petitioner's father. According to the petitioner, the said representation has not been acted upon and hence, the present writ petition has been filed.

2. The learned Additional Government Pleader would submit that as per prevailing practice, the petitioner for effecting any mutation of revenue records including patta would have to necessarily make online application and remit the requisite fees in that regard. The petitioner does not appear to have made any such online application or pay requiste fees excepting the representation handed over to the second respondent in-person on 16.12.2022. Therefore, no positive directions can be issued in the writ petition. 2/4

3. However, considering the fact that the pettioner had already requested the second respondent to transfer the patta in his father's name based on the valid sale deed, the petitioner is directed to make an online application for issuance of patta and also, remit the necessary charges within two(2) weeks from the date of receipt of a copy of this order. Thereafter, the said application shall be considered by the second respondent/Tahsildar and orders to be passed within a period of eight(8) weeks thereafter, on merits and in accordance with law.

4. With the above observation, this Writ Petition is disposed of. No costs. 14.02.2025 Rmk NCC: Yes/No Index : Yes / No To 1.The Revenue Divisional Officer, Ramanathapuram Division, Ramanathapuram District.

2.The Tahsildar, Thiruvadanai Taluka, Ramanathapuram District.

3/4

P.B.BALAJI , J.

Rmk 14.02.2025 4/4