Purusothaman v. The Revenue Divisional Officer
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED 26.09.2022
CORAM
THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN W.P(MD)No.22537 of 2022 Purushothaman ..Petitioner Vs 1.The Revenue Divisional Officer, Trichy, Trichy District.
2.The Tahsildar, Manapparai(Taluk), Trichy District.
..Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the second respondent to transfer the patta in the Petitioner name for the property comprised in S.NO.137/2 in respecxt of 94 3⁄4 cents situated at Vadugapatti, Manapparai(Taluk), Trichy District by considering the Petitioner's on line application NO.2018/0103/15/119762,dated 1.12.2018 within the time stipulated by this Court.
For Petitioner :Mr.M.Petchi Muthu For Respondents :Mr.D.Sadiq Raja 1 and 2 Additional Government Pleader
ORDER
The Petitioner has prayed for issuance of a Writ of Mandamus directing the second respondent to transfer the patta in the Petitioner
name for the property comprised in S.NO.137/2 in respecxt of 94 3⁄4 cents situated at Vadugapatti, Manapparai(Taluk), Trichy District by considering the Petitioner's on line application NO.2018/0103/15/119762,dated 1.12.2018 within the time stipulated by this Court. 2.Mr.D.Sadiq Raja, learned Additional Government Pleader takes notice for the respondents 1 and 2. By consent of both parties, the Writ Petition is taken up for final disposal at the admission stage itself. 3.The case of the Petitioner is that the property in S.No.137/2 situated at Vadugapatti, Manapparai Taluk, Trichy District, measuring a total extent of 3.84 acres is his father's family property, in which, 1.92 acres was allotted to his father, during the family partition.
The said property was partitioned by his father to the Petitioner and to his younger brother Kannabiran at 94 3⁄4 cents each, by way of two gift deeds.The petitioner's father had executed a settlement deed in favour of the Petitioner vide registered document No.5435/2018, dated 12.10.2018 and executed a settlement deed in favour of his younger brother Kannabiran vide registered document No.134/2019, dated 9.1.2019, on the file of Sub Registrar Office, Manapparai, Trichy District. Whileso, the Petitioner has submitted an online application vide application No.
2018/0103/15/119762 to the second respondent with relevant documents for transfer of patta in his name in respect of 94 3⁄4 cents. However the
Petitioner was made to run from pillar to post for getting patta from the year 2018.The Petitioner has produced appropriate documents to show that patta stands in the name of his father and settlement deed is executed by his father in favour of him. Hence the Petitioner has filed this Petition for the relief as stated supra.
4.The learned Additional Government Pleader appearing for the respondents 1 and 2 submitted that the Petitioner's online application will be considered on merits and in accordance with law, within the time frame fixed by this Court.
5.In view of the above submission, this Court, without going into the merits of the matter, directs the second respondent to consider the Petitioner's online application in No.NO.2018/0103/15/119762,dated 1.12.2018 and pass approriate orders on merits and in accordance with law, after affording an opportunity of hearing to all the parties concerned, within a period of six weeks from the date of receipt of a copy of this order.
6.With the above direction, the Writ Petition stands disposed of. No costs.
26.09.2022
Index : Yes/No Internet:Yes/No vsn To 1.The Revenue Divisional Officer, Trichy, Trichy District.
2.The Tahsildar, Manapparai(Taluk), Trichy District.
V.BHAVANI SUBBAROYAN,J vsn ORDER MADE IN W.P(MD)No.22537 of 2022 26.09.2022