Madras High CourtWP(MD)/22488/2021disposed of

Kameshwaran .S v. The District Revenue Officer

2021-12-17Honourable Mr Justice C.V. Karthikeyan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.12.2021

CORAM

THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN S.Kameshwaran ... Petitioner Vs.

1.The District Revenue Officer, 2.The Revenue Divisional Officer, Vadipatti, 3.The Tahsildar, Vadipatti Taluk, ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the third respondent to issue patta in favour of the petitioner in respect of property in Ward No.7, Sholavanthan Village, Vadipatti Taluk, Madurai District comprising old S.No.724/8 corresponding to new S.No.773/26 extent about 1858 Sq.ft by considering petitioner's representation dated 12.11.2021 within stipulated time fixed by this Court.

For Petitioner : Mr.K.R.Manimaran For Respondents : Mr.N.Satheesh Kumar, Additional Government Pleader.

ORDER

Heard Mr.K.R.Manimaran, learned counsel for the petitioner and Mr.N.Satheesh Kumar, learned Additional Government Pleader who takes notice on behalf of the respondents.

2. This Writ Petition has been filed in the nature of Mandamus seeking patta to be issued in favour of the petitioner with respect to the property in Ward No.7, Sholavanthan Village, Vadipatti Taluk, Madurai District comprising old Survey No.724/8, new Survey No.773/26 measuring 1858 square feet. The petitioner had given a representation on 12.11.2021.

3. The petitioner claims that his mother, S.Chellammal had purchased the property on 07.09.1995. Thereafter, she executed a Will on 30.06.2007 which was not registered. The said Chellammal 1/3

had died on 18.01.2009. The Will thereafter came into effect. The petitioner wanted to execute a settlement deed in favour of his son, K.Sivasubbramanian which was refused to be registered by the Sub-Registrar.

4. The petitioner filed W.P.(MD).No.18847 of 2021 in which a direction was given that the petitioner must first get patta transfer in his name. Therefore, the petitioner filed an application seeking transfer of patta in his name.

5. It is stated by Mr.N.Satheesh Kumar, learned Additional Government Pleader that the application is now under the consideration of the third respondent/the Tahsildar, Vadipatti Taluk, Madurai District who had received the application on 12.11.2021.

6. Let the third respondent issue notice to the petitioner, conduct necessary inquiry, examine the documents, examine the lay of the land, issue notice to any other persons who might have objections for grant of separate patta and thereafter, proceed to do the needful. An order shall be passed with respect to the action taken by the third respondent within a period of twelve (12) weeks from the date of receipt of a copy of this order.

7. With the above observations, this Writ Petition is disposed of. There shall be no order as to costs. Sd/- Assistant Registrar (AD I) // True Copy // / /2022 Sub Assistant Registrar(CS) Nsr/Lm 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 1.The District Revenue Officer, 2/3

2.The Revenue Divisional Officer, Vadipatti, 3.The Tahsildar, Vadipatti Taluk, +1 CC to M/s.K.R.MANIMARAN, Advocate (SR-39729[F] dated 21/12/2021) +1 CC to M/s.SPL GP (SR-39522[F] dated 20/12/2021) 17.12.2021 ARK(CO) SB(05.01.2022) 3P 6C 3/3