Madras High CourtWP(MD)/7616/2020disposed of

A.Sadhasivam v. The Zonal Deputy Tahsildar

2020-07-15Honourable Mr Justice D. Krishnakumar2 pages

W.P(MD)No.7616 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.07.2020

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR W.P.(MD)No.7616 of 2020 A.Sadhasivam ... Petitioner Vs.

The Zonal Deputy Tahsildar, Aravakuruchi Taluk, Karur District.

... Respondent PRAYER:- Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, to direct the respondent herein to mutate the petitioner's name in the place of the petitioner's father Arunachalam in Patta No.79 of Chinnadharapuram in respect of Survey No.115 of hamlet of Chinnadharapuram Village by processing in the petitioner's patta transfer application No.2020/0103/14/127744 dated 19.06.2020 within a time stipulated by this Court.

For Petitioner : Ms.V.Muthukamatchi For Respondent : Mr.C.M.Mari Chelliah Prabhu, Additional Government Pleader.

ORDER

The petitioner has filed the present Writ Petition to issue a Writ of Mandamus, to direct the respondent herein to mutate the petitioner's name in the place of the petitioner's father Arunachalam in Patta No.79 of Chinnadharapuram in respect of Survey No.115 of hamlet of Chinnadharapuram Village by processing in the petitioner's patta transfer application No.2020/0103/14/127744 dated 19.06.2020 within a time frame fixed by this Court. 2.Mr.C.M.Mari Chelliah Prabhu, learned Additional Government Pleader takes notice for the respondent.

3.By consent, the Writ Petition is taken up for final disposal at the stage of admission itself.

4.According to the petitioner, his father, during his life time, executed a Will dated 30.11.2014 in favour of him bequeathing the land situated at Survey No.115, Chinnadharapuram Village and also executed a settlement deed in favour of the petitioner's sister in respect of some of the property. Since the title of the land was acquired by the petitioner's father through settlement deed executed by his father-in-law, the name of the petitioner's father was included in Patta No.79 of Chinnadharapuram Village as copattadharar. Since the petitioner's father died on 27.12.2014, in order to obtain to loan from the Government authorities, the petitioner applied for patta Transfer through online on 19.06.2020. https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P(MD)No.7616 of 2020 Till date no order has been passed, the petitioner has filed the present Writ Petition.

5.Mr.C.M.Mari Chelliah Prabhu, learned Additional Government Pleader appearing for the respondent, on instructions, submitted that though the petitioner submitted an application through on-line seeking patta transfer, the other interested party of the petitioner's father also claiming right over the property. 6.In the light of the above submission made by the parties, the respondent is directed to consider the application of the petitioner dated 19.06.2020 and pass final orders on merits and in accordance with law, within a period of four months from the date of receipt of a copy of this order, after affording an opportunity of hearing to the petitioner and other interested parties. 7.With the above direction, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar (crl.side) // True Copy // / /2020 Sub Assistant Registrar(CS) Note:- In view of the present lock down owing to COVID - 19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned. ps To The Zonal Deputy Tahsildar, Aravakuruchi Taluk, Karur District.

W.P.(MD)No.7616 of 2020 15.07.2020 KB(22.07.2020) 2P 2C https://hcservices.ecourts.gov.in/hcservices/ 2/2