Madras High Court
M. Thirukatesan vs The Tahsildar on 21 October, 2021
1 W.P.No.22207 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 21.10.2021
CORAM:
THE HON'BLE MRS. JUSTICE V.BHAVANI SUBBAROYAN
W.P. No.22207 of 2021
M. Thirukatesan, ... Petitioner
-Vs-
1.The Tahsildar,
Kurinjipadi,
Kurinjipaid Taluk,
Cuddalore District.
2. The Tahsildar,
(Natham Scheme),
Kurinjipadi,
Kurinjipaid Taluk,
Cuddalore District. ... Respondents
PRAYER: This Petition is filed under Article 226 of the Constitution of
India, praying for to issue Writ of Mandamus directing respondents herein
to grant patta to the Petitioner in respect of properties situate in Kannadi
Village, Kurinjipaidi Taluk, Cuddalore District bearing in R.S. No.167/24-
825 Sq.M, R.S.No.167/24 725 Sq.M. R.S. No.167/24- 825 Sq.M, R.S.
No.167/25 725 Sq.m by considering his representation dated 17.08.2021
and pass appropriate orders accordingly.
For Petitioner :: Mr. R. Gururaj
(For D.Baskar)
For Respondents :: Mr. Yogesh Kannadasan
(Government Advocate)
*****
https://www.mhc.tn.gov.in/judis
2 W.P.No.22207 of 2021
ORDER
This Writ Petition has been filed under Article 226 of the
Constitution of India, praying for to issue Writ of Mandamus directing the
respondents herein to grant patta to the Petitioner in respect of properties
situate in Kannadi Village, Kurinjipaidi Taluk, Cuddalore District bearing
in R.S. No.167/24- 825 Sq.M, R.S.No.167/24 725 Sq.M. R.S. No.167/24-
825 Sq.M, R.S. No.167/25 725 Sq.m by considering his representation dated
17.08.2021 and pass appropriate orders accordingly.
2.Heard the learned counsel for the petitioner and the learned
Government Advocate for the respondents as well as perused the material
available on records.
3. Having considering the facts and circumstances of the case and
the submissions of the learned counsel on either side, it is seen that the
subject property was originally owned by the petitioner's grandfather
namely, Mr.Rajagopal. After his demise, his legal heirs Mr.Pethavandu S/o.
Mr. Rajagopal and Mrs.Kullammal D/o. Mr. Rajagopal, had taken over the
subject possession and enjoyment of the same jointly. As Mr.Pethavandu
https://www.mhc.tn.gov.in/judis
died issueless, his wife G.Gokilambal and after the death of
Mrs.Kullammal, her son namely, Magalingam, who is the petitioner's father
have taken over the subject property. Since there was a dispute in the
dividing of shares between them in the property, Mrs. Gogilambal filed a
Civil Suit in O.S. No174 of 2016 against the petitioner's father before the II
Additional Sub-Court, Cuddalore. As the dispute was settled out by way of
compromise memo whereby Judgment and Decree dated 22.09.2016 was
passed by the Lok Adalat, Cuddalore. According to the decree dated
22.09.2016 passed by the Lok Adalat, Cuddalore, the subject property was
taken over by the petitioner's father, after having paid compensation to
Mrs. Gokilambal H/o.Mr.Pethavandu in lieu of her share. Thereafter,
The petitioner's father namely Mr. Mahalingam S/o. Kullammal has settled
the subject property in favour of his son Mr.Thirukatesan who is the
petitioner herein by way of registered settlement deed dated 01.11.2016.
After acquiring the subject property by way of the aforesaid settlement
Deed, the petitioner has approached the respondents for transfer of Patta in
respect of properties to his name so many times and further, he has given a
application to the Sub-Collector on 14.06.2019 requesting to issue Patta in
his name subsequent to which, A communication dated 11.07.2019 was sent
to the respondent to look into matter as prayed by the petitioner herein.
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Since there is no response and reply from the respondents, the petitioner has
sent a representation dated 17.08.2021 through registered post for transfer
of Patta in his name for the aforesaid property. Even though the respondents
have been duly served, they have not passed any order and sent any reply to
his representation dated 17.08.2021 so far. Under such circumstances, this
Court without expressing any opinion with regard to the merits of the case
directs the respondents to consider the representation dated 17.08.2021
made by the petitioner herein with regard to grant of Patta in his name and
pass appropriate orders on it within a period of Six months from the date of
receipt of copy of this order in accordance with law after perusing the entire
documents of the subject property relied by the petitioner herein.
4. In the result, the Writ petition is disposed of accordingly.
Consequently, connected miscellaneous petition is closed if any. There
shall be no order as to costs.
21.10.2021
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Speaking order/Non-speaking order
Index : Yes/No
Internet: Yes/No
https://www.mhc.tn.gov.in/judis
To:
1.The Tahsildar,
Kurinjipadi,
Kurinjipaid Taluk,
Cuddalore District.
2. The Tahsildar,
(Natham Scheme),
Kurinjipadi,
Kurinjipaid Taluk,
Cuddalore District.
https://www.mhc.tn.gov.in/judis
V.BHAVANI SUBBAROYAN.,J
Lbm
W.P. No.22207 of 2021
21.10.2021
https://www.mhc.tn.gov.in/judis
