Chinnammal v. The Tahsildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.11.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P.(MD)Nos.10624 and 10627 of 2022 Chinnammal ... Petitioner Vs.

1.The Tahsildar, Authoor Taluk Office, Authoor, Dindigul District.

2.A.Karuppayee Ammal 3.A.Raja 4.A.Muthuraja ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, calling for the records pertaining to the Impugned Order of Rejection passed by the 1st Respondent in his Proceedings No.2021/0103/13/172094, dated 29.03.2022 and quash the same as illegal and consequently direct the 1st Respondent to issue Patta in the 1/4

petitioner's name in respect of her landed property to an extent of 3 Acres, comprised in Survey Nos.356/6B, 356/5A, 356/4A, 356/4B and 356/5B, situated at Seevalsaragu Village, Authoor Taluk, Dindigul District on the basis of her title document within the time stipulated by this Court.

For Petitioner : Mr.J.Lawrance For Respondents : Mr.K.Balasubramani, Spl. Government Pleader for R1.

Mr.S.Sarvagan Prabhu for R2 & R4.

No appearance for R3.

ORDER

Heard both sides.

2.The writ petitioner had purchased the petition mentioned property from one Selvaraj vide registered sale deed dated 28.08.2019. She applied for mutation of patta for incorporating her name in the revenue record. Since in the meanwhile, the mother of the vendor had filed civil suit, the petitioner's request came to be straightaway rejected. Challenging the rejection order, the present writ petition came to be filed. 2/4

3.The impugned order has to be set aside for the simple reason that mutation sought for by the petitioner was something automatic. The petitioner's vendor was admittedly the pattadar. Therefore, by virtue of purchase, the petitioner was entitled to step into his shoes. 4.In this view of the matter, the impugned order is set aside. The first respondent is directed to substitute the name of the petitioner in the place of her vendor. This shall be done immediately and without any delay. It is however made it clear that the rights of the writ petitioner will abide by the outcome of the civil suit.

5.With this observation, this writ petition is allowed. No costs. Consequently, connected miscellaneous petitions are closed. 16.11.2023 NCC : Yes/No Index : Yes / No Internet : Yes/ No ias 3/4

G.R.SWAMINATHAN, J.

ias To:- The Tahsildar, Authoor Taluk Office, Authoor, Dindigul District.

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