A.Singaraja Yadav v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.03.2025

CORAM

THE HON'BLE MR.JUSTICE P.B.BALAJI A.Singaraja Yadav : Petitioner Vs.

1.The District Collector, Madurai District, Madurai - 625 020.

2.The Tahsildar, Melur Taluk, Melur, Madurai District.

: Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for a Writ of Mandamus, directing the second respondent to transfer patta bearing Patta Nos.3817 and 3568 with respect to the petitioners in usrvey numbers 122/1, 119/1A, 119/1C, 119/2A, 119/2B, 119/2D, 119/3A1, 119/3B1 of Boothamangalam Village, Melur Taluk, Madurai District on the basis of my online application dated 09.01.2025 bearing No.2025/0105/24/691353 within a time that may be stipulated by this Court. 1/5

For Petitioner : Mr.P.Subbiah For Respondents 1 & 2 : Mr.M.Lingadurai, Special Government Pleader

O R D E R

The petitioner seeks issuance of a Writ of Mandamus to direct the transfer of patta based on his application dated 09.01.2025. The petitioner has purchased the subject property in and by registered sale deed dated 06.11.2024 and in view of the patta standing in the name of the petitioner's vendor, the petitioner has sought for transfer of patta in his individual name by making an application dated 09.01.2025.

2.Learned Special Government Pleader appearing for the respondents would submit that there is a suit for specific performance in O.S.No.245 of 2025, before the District Munsif Court, Madurai filed by one Manickam against one of the vendors of the petitioner, which is pending and therefore, he would submit that this is the only impediment for the authorities to transfer patta. 3.Admittedly, the suit is one for specific performance for agreement of sale. No rights can flow under such agreement of sale to the proposed purchaser / agreement holder, unless and until he 2/5

succeeds in the suit and consequently, sale deed is executed and registered in his favour. Therefore, based on the registered sale deed dated 06.11.2024, the petitioner is certainly entitled to transfer of patta in his name, especially when patta admittedly stands mutated in the names of his vendors. Accordingly, the second respondent shall pass orders on the petitioner's application within a period of eight [8] weeks from the date of receipt of a copy of this order. 4.With the above direction, this Writ Petition stands disposed of. There shall be no order as to costs. 14.03.2025 Index :Yes / No Internet : Yes / No NCC : Yes/No MR 3/5

To 1.The District Collector, Madurai District, Madurai - 625 020.

2.The Tahsildar, Melur Taluk, Melur, Madurai District.

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P.B.BALAJI.

, J.

MR 14.03.2025 5/5