Pa. Jeyalakshmi v. The Thasildhar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.03.2025

CORAM

THE HONOURABLE MR.JUSTICE P.B.BALAJI P.A.Jeyalakshmi ... Petitioner Vs.

The Tahsildar, Thirumangalam Taluk, Madurai District.

... Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondent to transfer the patta in the petitioner's name in respect of the land in Re-Survey No.39/9A for an extent of 21 cents situated at Maikudi Village, Thirumangalam Taluk, Madurai District by considering the petitioner's online application for patta Transfer vide CAN No.133020816047470 and Application No.2023/0103/24/283198, dated 23.08.2023.

For Petitioner : Mr.S.Ramasamy For Respondent : Mr.B.Saravanan Additional Government Pleader 1/4

O R D E R

The petitioner seeks issuance of writ of mandamus to direct the respondent to transfer patta in the name of the petitioner in respect of 21 cents in re-survey no.39/9A at Maikudi Village, Thirumangalam Taluk, Madurai District.

2. Heard the learned counsel for the petitioner and the learned Additional Government Pleader for the respondents.

3. The petitioner has made an online application as early as on 23.08.2023. The learned counsel for the petitioner would contend that the father and mother of the petitioner are no more and originally the petitioner's father had owned 1 acre and 6 cents, out of which, 85 cents were sold. In respect of remaining 21 cents, the petitioner has sought for mutation of patta.

4. However, the learned Special Government Pleader would submit that even though the petitioner's father had sold only 85 cents to one Balusamy, the said Balusamy in turn had sold 97 cents to one Periyasamy and only 10 cents is available on ground to consider for issuance of patta in favour of the petitioner. 2/4

5. This writ petition is disposed of without going into the legality of the alienations effected by Balusamy, giving liberty to the petitioner to work out his grievance, if any, before the competent Civil Court. There can be no impediment for the authorities to mutate patta in respect of the available land, despite the application seeking mutation in respect of 21 cents. The said exercise shall be carried out and patta shall be mutated in the name of the petitioner in respect of 10 cents or such available extent, within a period of eight (8) weeks from the date of receipt of copy of this order.

6. With the above direction, this Writ Petition stands disposed of. No costs.

21.03.2025 NCC:yes/no Index:yes/no Internet:yes/no gbg To:

The Tahsildar, Thirumangalam Taluk, Madurai District.

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P.B.BALAJI , J.

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