Manivannan v. The Tahsildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.09.2024

CORAM:

THE HONOURABLE MS.JUSTICE P.T.ASHA Manivannan .. Petitioner Vs.

The Tahsildar, Tiruchirappalli West Taluk, Tiruchirappalli District.

.. Respondents Prayer: Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, to direct the respondent to transfer the patta in favour of petitioner and his brothers namely, S. Ravichandran and S. Ragunathan, in respect of the property in T.S.No. 34/1 and T.S.No.38, situated at New Ward B, Block 19, Annamalai Nagar Main Road, Thiruthanthoni Village, Tiruchirappalli West Taluk and District, by considering his application, dated 20.05.2022, within a time frame as stipulated by this Court.

For Petitioner :

Mr.N.Sathish Babu

For Respondent :

Mr.B.Saravanan Additional Government Pleader

ORDER

Seeking a mandamus to the respondents to transfer of patta in favour of the petitioner and his brothers in respect of the property in T.S.No.34/1 and T.S.No.38, situated at New Ward B, Block 19, Annamalai Nagar Main Road, Thiruthanthoni Village, Tiruchirappalli West Taluk.

2. The case of the petitioner is that his younger brother, namely S.Ravichandran purchased the property in T.S.No.34/1 and 38 at Thiruthanthoni village, Tiruchirapalli measuring an extent of 7097 sq.ft from one R.Rajagopal under a registered sale deed, dated 09.10.2006. His brother had thereafter executed a registered gift deed, dated 03.08.2017 dividing the above property between the petitioner and his brother S.Ragunathan. From the date of the execution of the gift deeds, they have been in possession and enjoyment of the property. The petitioner and his brothers have decided to demolish and construct a new

one and that point of time, they were informed that the patta should be transferred in their names. Hence, the petitioner had made an application, which has not been considered to date. Therefore, the petitioner is before this Court.

3. Heard the learned counsel on either side.

4. Considering the fact that an application has been made as early as on 20.05.2024 for transfer of patta based on the gift deed in favour of the petitioner and his brothers and the sale deed in favour of Ravichandran, the respondent is directed to transfer the patta in the name of the petitioner and his brothers in respect of the property in T.S.No.34/1 and T.S.No.38, situated at New Ward B, Block 19, Annamalai Nagar Main Road, Thiruthanthoni Village, Tiruchirappalli West Taluk. The said exercise shall be completed within a period of eight (8) weeks from the date of receipt of copy of this order.

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

24.09.2024 NCC : Yes/No Index : Yes/No Internet : Yes gbg To The Tahsildar, Tiruchirappalli West Taluk, Tiruchirappalli District.

P.T.ASHA, J.

gbg 24.09.2024