Madras High CourtWP(MD)/16332/2015disposed of

Mayil, W/O.(Late) Karuppiah v. Tahsildar,

2015-09-09Honourable Mr Justice R.Subbiah2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.09.2015

CORAM

THE HONOURABLE MR.JUSTICE R.SUBBIAH W.P.(MD)No.16332 of 2015 1.Mayili 2.Anbuselvi .. Petitioners Vs.

Tahsildar, Taluk Office, Pudukottai and District.

.. Respondent Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the respondent herein to dispose of the petitioners patta transfer petition dated 5.5.2015 in accordance with law within a reasonable time frame.

For Petitioners : Mr.N.Balakrishnan For Respondent : Mr.M.Murugan Government Advocate

ORDER

This writ petition has been filed for a Writ of Mandamus directing the respondent herein to dispose of the petitioners patta transfer petition dated 5.5.2015 in accordance with law within a stipulated time.

2.In the petition, it is averred that a suit in O.S.No.45 of 2006 was filed against the petitioner's father-in-law and others before the Sub Court, Pudukottai. The said suit was decreed for half share in the suit property and preliminary decree was passed on 16.12.2006. Pursuant to the preliminary decree, the petitioner filed I.A.No.386 of 2008 for final decree and it was ordered on 09.08.2011. In pursuance of the final decree, possession was taken by the petitioner. Thereafter, on the basis of final decree passed by the Sub Court, Pudukottai on 09.08.2011 in I.A.No.386 of 2008 in O.S.No.45 of 2006, the petitioner made an application, dated 05.05.2015 for transfer of patta in his name. But the said application has not been considered so far. Hence, the petitioner has come forward with this writ petition.

3.Heard the learned counsel for the petitioner and the learned Government Advocate appearing for the respondent. https://hcservices.ecourts.gov.in/hcservices/

4.Considering the facts and circumstances of the case, without going into the merits of the matter, this Court directs the respondent to consider the representation of the petitioner, dated 05.05.2015, with regard to transfer of patta and pass appropriate orders on merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order. It is made clear that this Court has not expressed any opinion about the merits of the case.

5.This writ petition stands disposed of accordingly. No costs. Sd/- Assistant Registrar(AE) /True copy/ Sub Assistant Registrar To The Tahsildar, Taluk Office, Pudukottai and District.

+one cc to M/s.N.Balakrishnan, Advocate in SR.NO.53710 +one cc to The Special Government Pleader, SR.No. 53276 W.P.(MD)No.16332 of 2015 09.09.2015 rj2 CSL/NGM-SS/SAR-I/28.09.2015 2p/4c https://hcservices.ecourts.gov.in/hcservices/