Kothalam .P v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.04.2022

CORAM:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE P.Kothalam ... Petitioner Vs.

1.The District Collector, Madurai District, Madurai.

2.The Revenue Divisional Officer, Madurai District, Madurai.

3.The Tahsildar, Melur Taluk, Madurai District.

... Respondents P RAYER:

Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the third respondent to transfer the patta from the name of the petitioner's mother to the petitioner's name with regard to the Plot No.17, in S.No.324, Kanmaipatti, Uranganpatti Post, Melur Taluk, Madurai District, on the basis of the petitioner's representation dated 12.04.2022.

For Petitioner : Mr.A.V.Arun For Respondents : Mr.B.Saravanan Additional Government Pleader

O R D E R

*********** This Writ Petition has been filed for a Mandamus seeking for a direction to the third respondent to transfer the patta standing in the name of the petitioner's mother to the petitioner's name with regard to Plot No.17, in S.No.324, Kanmaipatti, Uranganpatti Post, Melur Taluk, Madurai District, based on the petitioner's representation dated 12.04.2022, within a time frame to be fixed by this Court.

2.According to the petitioner, the aforementioned property originally belongs to his mother. She has executed a settlement deed dated 18.03.2022 in favour of the petitioner. The petitioner seeks for transfer of patta in his name from the name of his mother. The petitioner has given a representation on 12.04.2022 for the said purpose. Since the said representation has not been considered till date, he has filed this writ petition.

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3.Heard Mr.A.V.Arun, learned Counsel appearing for the writ petitioner and Mr.B.Saravanan, learned Additional Government Pleader who accepts notice on behalf of the respondents. 4.The petitioner has filed a copy of the settlement deed dated 18.03.2022 by which he has become the owner of the property. Earlier, patta stood in the name of his mother. A copy of the patta standing in the name of his mother has also been filed. 5.No prejudice would be caused to the respondents if the petitioner's representation seeking for transfer of patta in his name is considered on merits and in accordance with law after affording a fair hearing to the petitioner and any other rival claimants.

6.For the foregoing reasons, this Court directs the third respondent to pass final orders on the petitioner's representation dated 12.04.2022, seeking for transfer of patta in his name in respect of the property being Plot No.17, in S.No.324, Kanmaipatti, Uranganpatti Post, Melur Taluk, Madurai District, within a period of twelve [12] weeks from the date of receipt of a copy of this order, after affording a fair hearing to the petitioner and other rival claimants if any, including granting them the right of personal hearing.

7.With the aforesaid direction, this Writ Petition stands disposed of. There shall be no order as to costs. Sd/- Assistant Registrar (CS-I) // True Copy // / /2022 Sub Assistant Registrar(CS) MR To 1.The District Collector, Madurai District, Madurai.

2.The Revenue Divisional Officer, Madurai District, Madurai.

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3.The Tahsildar, Melur Taluk, Madurai District.

+1 CC to M/s.SPL.GP ( SR-23337[F] dated 04/05/2022 ) ORDER MADE IN 29.04.2022 TP(CO) GC(19.05.2022) 3P 5C 3/3