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Madras High CourtWP(MD)/20946/2021disposed of

Lingadurai v. The Tahsildar

2021-11-24Honourable Mr Justice C.V. Karthikeyan2 pages

W.P.(MD) No.20946 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.11.2021

CORAM:

THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN W.P.(MD) No.20946 of 2021 Lingadurai ... Petitioner vs.

The Tahsildar, Office of the Tahsildar, Sathankulam, Thoothukudi District.

... Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondent to issue patta to the petitioner's property comprised in S.No.524/2B in an extent of 70 cents situated at Meerankulam, Part-I Village, Sathankulam Taluk, Thoothukudi District on the basis of the petitioner's online application vide No.2021/0103/28/293508, dated 09.11.2021.

For Petitioner : Mr.D.S.Haroon Rasheed For Respondent : Mr.D.Ghandiraj Special Government Pleader

O R D E R

Mr.D.Ghandiraj, learned Special Government Pleader takes notice on behalf of the sole respondent.

2.The property originally stood in the name of Rangasamy and others, which was then purchased by the father of the petitioner, namely, Kasi Nadar, in the year 1995. The patta of the particular lands still stands in the name of Rangasamy and the co-owners along with Rangasamy. It has not been changed to the name of the father of the petitioner from the year 1995. Thereafter, the father of the petitioner executed a gift-cum-settlement deed, not only in favour of the petitioner herein, but also in favour of the brother of the petitioner. All these would indicate that there are other individuals who might either directly or indirectly be interested in grant or otherwise of the patta in the name of the petitioner herein.

3.The patta in the name of Rangasamy and others should first be changed to the name of the Kasinadar/father of the petitioner and thereafter only, further directions can be given. The petitioner is permitted to give necessary representation to change the patta from https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD) No.20946 of 2021 the name of Rangasamy and others and to the name of the father of the petitioner, Kasinadar and thereafter, let further steps be taken to transfer the patta in the name of the petitioner/his brother. That representation will necessarily have to be given and that exercise will have to be done by the revenue authorities before any orders can be passed in the present writ petition. However, liberty is granted to the petitioner/the father of the petitioner and also to his brother to give necessary representation giving the correct lineage of the title and then change in the name of the patta from Rangasamy and others to the name of the father of the petitioner. 4.That liberty is granted to the writ petitioner. With the said observations, the writ petition is disposed of. No costs. Sd/- Assistant Registrar (AD II) // True Copy // / /2021 Sub Assistant Registrar(CS) Sji 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. To The Tahsildar, Office of the Tahsildar, Sathankulam, Thoothukudi District.

+1 CC to M/s.SPL GP ( SR-36045[F] dated 26/11/2021 ) W.P.(MD) No.20946 of 2021 24.11.2021 MGJ(10.12.2021) 2P 2C https://hcservices.ecourts.gov.in/hcservices/ 2/2