S.Karuppu v. The Tahsildar
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.02.2025
CORAM:
THE HON'BLE MR.JUSTICE P.B. BALAJI W.P.(MD).No.5026 of 2025 S.Karuppu ... Petitioner Vs.
1. The Tahsildar, Natham Taluk Office, Natham, Dindigul District.
2. Saathan
3. Arumugam
4. Ganesan
5. Karuppayi ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus to direct the 1st respondent herein to issue the patta in favour of the Petitioner with regard to property in Survey No.54/2A to an extent of 3 acre and 35 cents situated at Paapapatti Village, Natham Taluk, Dindigul District based on his representation dated 09.09.2024.
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For Petitioner : Mr.G.Gomathisankar For R1 : Mrs.S.Jeyapriya Government Advocate
ORDER
Mrs.S.Jeyapriya, learned Government Advocate takes notice on behalf of the 1st respondent.
2. The petitioner seeks limited relief of issuance of writ of mandamus to direct the 1st respondent to issue patta.
3. Considering the limited prayer sought for in the writ petition, with the consent of parties on either side, the writ petition is taken up for final disposal.
4. The petitioner claims to succeed to the subject property based on the Will executed by his mother on 31.08.2016. The petitioner's mother died on 05.12.2019 and thereby, the Will took effect. Thereafter, the petitioner has made a representation for transfer of patta form his mother's name to his name on 09.09.2024. According to the petitioner, the said application is pending with the Tahsildar without any progress. Hence, the present writ petition has been filed.
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5. Admittedly, the petitioner claims to be the beneficiary under the Will of his mother dated 31.08.2016 in whose name patta had already been mutated. The petitioner has also made request for transfer of patta in his name way back on 09.09.2024 and the same is pending without passing any orders.
6. Considering the above, writ petition is allowed by directing the 1st respondent to pass orders on the petitioner's representation dated 09.09.2024 on merits and in accordance with law within a period of 8 weeks from the date of receipt of a copy of this order.
7. In view of the above observations, writ petition stands allowed. No costs.
25.02.2025 NCC :yes/No Index :yes/No Internet:yes/No rgm 3/4
P.B.BALAJI , J.
rgm To The Tahsildar, Natham Taluk Office, Natham, Dindigul District.
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