A.Ramachandran v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.09.2024

CORAM:

THE HONOURABLE MS.JUSTICE P.T.ASHA A.Ramachandran .. Petitioner Vs.

1.The District Collector, Sivagangai District, Sivagangai.

2.The District Revenue Officer, Sivagangai District, Sivagangai.

3.The Revenue Divisional Officer, Devakottai Division, Devakottai, Sivagangai District.

.. Respondents Prayer: Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, directing the 3rd respondent to dispose the petitioner's application No.A1/1029-2022 seeking for transfer of Patta, which is pending before the 3rd respondent herein and dispose the same expeditiously as possible within a stipulated time as fix by this Court.

For Petitioner :

Mr.S.Bharathy Kannan For Respondents :

Mr.B.Saravanan Additional Government Pleader

ORDER

This writ petitioner seeks a mandamus to the 3rd respondent to dispose of his application seeking transfer of patta.

2. It is the case of the petitioner that the property comprised in Survey No.74/1A in Iluppakudi village, Karaikudi Taluk, Sivagangai District bearing Patta No.361 belonged to his grand-mother Chellayee who had purchased the same. After her demise, the petitioner's father Annamalai, his paternal uncle Arunachalam uncle and paternal aunt Kaliyammal were enjoying the property. The said Kaliyammal and Arunachalam had executed a settlement deed in favour of the petitioner's father and his father therefore became the owner of the said property which he was enjoying till his life time. After his demise, the property devolved upon the petitioner, petitioner's mother and his sister, namely

Banumathi, Thamilarasi and his brother Satheesh Kumar. The legal heirs of abovesaid Kaliyammal and Arunachalam did not claim any share in the property. Therefore, the petitioner and his siblings had given an application to the Revenue Divisional Officer, Devakottai Division (3rd respondent herein) in the year 2022 for effecting mutation of the patta from the name of his grand-mother Chellayee to the joint names of the petitioner and his siblings. Since no steps have been taken on the side of the respondents, the petitioner is before this Court.

3. Heard the learned counsel on either side.

4. Considering the fact that the application has been made as early as in the year 2022, a mandamus is issued to the 3rd respondent to consider the application of the petitioner and pass appropriate orders within a period of four (4) weeks from the date of receipt of copy of this order.

5. With the above directions, this Writ Petition stands allowed. No costs.

09.09.2024 NCC : Yes/No Index : Yes/No Internet : Yes gbg To 1.The District Collector, Sivagangai District, Sivagangai.

2.The District Revenue Officer, Sivagangai District, Sivagangai.

3.The Revenue Divisional Officer, Devakottai Division, Devakottai, Sivagangai District.

P.T.ASHA, J.

gbg 09.09.2024