Pulukaruppan v. The Zonal Deputy Tahsildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.07.2025

CORAM

THE HONOURABLE MR.JUSTICE S.SOUNTHAR W.P(MD) No.19284 of 2025 Pulukaruppan ... Petitioner Vs.

The Zonal Deputy Tahsildar, Sivakasi, Virudhunagar.

...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 relating to the impugned order of the respondent in T.R. 2025/0103/26/283611 dated 30.04.2025 and quash the same and consequently direct the respondent to issue joint patta by adding the name of the petitioner. For Petitioner : Mr.M.Murugan For Respondent : Mr.K.Malathi Additional Government Pleader

ORDER

The Writ petition is filed challenging the order passed by the respondent rejecting the application submitted by the petitioner seeking Patta transfer on the ground that a litigation was pending.

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2. The petitioner purchased the subject property from one Manjumetha vide registered sale deed in document No.2972/2012, dated 02.03.2012. The said Manjumetha had earlier purchased the property from Muthumariappan vide registered sale deed dated 06.11.2009. The Patta for the subject property stands in the name of Muthumariappan. The petitioner submitted instant application seeking transfer of Patta based on the title documents and the same has been rejected citing reason that the litigation was pending.

3. The learned counsel for the petitioner would submit that the impugned order was passed without affording opportunities to the petitioner. The civil litigation pertains to subject property, A.S.No.18 of 2018 was disposed of as early as on 30.10.2023. Therefore, on the date of impugned communication, no civil litigation was pending.

4. The learned Additional Government Pleader, who appears for the respondent would submit that on the date of impugned communication, no litigation was pending and the impugned communication was sent to the petitioner inadvertently.

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5. In view of the same, the impugned order, dated 30.04.2025 is set aside and the matter is remitted back to the file of the respondent with direction to consider the application of the petitioner seeking Patta transfer and to pass final order on its own merits within a period of eight weeks from the date of receipt of copy of this order, after affording reasonable opportunities to the petitioner and other interested parties.

6. With the above directions, this Writ Petition is disposed of. No costs. 28.07.2025 NCC : Yes / No Index : Yes / No Internet : Yes / No Indu To The Zonal Deputy Tahsildar, Sivakasi, Virudhunagar.

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S.SOUNTHAR, J.

Indu W.P(MD) No.19284 of 2025 28.07.2025 4/4