Citation : 2025 Latest Caselaw 644 Mad
Judgement Date : 1 July, 2025
W.P(MD)No.17674 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 01.07.2025
CORAM :
THE HONOURABLE MR.JUSTICE S.SOUNTHAR
W.P.(MD)No.17674 of 2025
Nagammal ...Petitioner
Vs.
1.The District Collector,
Dindigul District.
2.The Revenue Divisional Officer,
Palani,
Dindigul District.
3.The Thasildar,
Oddanchatram Taluk,
Dindigul District. ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of
India, praying for issuance of Writ of Mandamus, directing the
respondents to transfer the patta in respect of the property in Survey No.
137/3B1A situated at Salaipudur, Lakkaiyankottai Village, Oddanchatram
Taluk, Dindigul District to the name of the petitioner and her sons as per
the judgment passed by the learned District Munsif, Oddanchatram in
1/6
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W.P(MD)No.17674 of 2025
O.S.No.81 of 2020 dated 18.07.2023 within a time stipulated by this
Court.
For Petitioner : Mr.C.Ezhilarasu
For Respondents : Mrs.S.Jeya Priya
Government Advocate
ORDER
The petitioner herein seeks a direction to the respondents to
transfer the patta in favour of her and her sons in respect of the property
situated in Survey No.137/3B1A in Lakkaiyankottai Village,
Oddanchatram Taluk, Dindigul District.
2. Heard the arguments of Mr.C.Ezhilarasu, learned counsel
appearing for the petitioner and Mrs.S.Jeya Priya, learned Government
Advocate, who takes notice for the respondents. By consent of both
sides, this Writ Petition is taken up for final disposal at the admission
stage itself.
3. According to the petitioner, the subject property belonged to her
husband Chinnathambi, who purchased the same under registered sale
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deed dated 17.07.1979. In the sale deed executed in favour of the
petitioner's husband, survey number was wrongly mentioned as Survey
No.128 instead of Survey No.137/3B1A. Subsequently, the petitioner's
husband has executed a Will in favour of the petitioner and their two
sons, namely, Thangavel and Perumal on 23.05.2016. The petitioner's
husband died on 16.11.2018 and the Will came into force and therefore,
the petitioner submitted an online application on 15.07.2020 seeking
transfer of patta and the same was rejected on the ground that there was
an error in the survey number. Hence, the petitioner filed a suit for
declaration of title in respect of the subject property in O.S.No.81 of
2020 on the file of the District Munsif Court, Oddanchatram against the
respondents 1 and 3 and obtained a decree. Based on the said decree, the
petitioner submitted online patta transfer applications on 21.09.2023,
11.03.2024 and lastly on 25.11.2024. The same have not been
considered. Hence, the petitioner has come before this Court.
4. The learned Government Advocate appearing for the
respondents would submit that the online application submitted by the
petitioner dated 25.11.2024 will be considered on its own merits within
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the time stipulated by this Court.
5. In view of the same, the petitioner is directed to produce the
acknowledgement card for submission of online application before the
third respondent within a period of two weeks from the date of receipt of
a copy of this order and on production of the acknowledgement card, the
third respondent shall consider the online application of the petitioner
dated 25.11.2024 and pass final orders on its own merits and in
accordance with law within a period of eight weeks thereafter, after
issuing notice to the petitioner and other interested parties.
6. With the above direction, this Writ Petition stands disposed of.
No costs.
01.07.2025
NCC :Yes/No Index :Yes/No Internet : Yes/ No csm
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To
1.The District Collector, Dindigul District.
2.The Revenue Divisional Officer, Palani, Dindigul District.
3.The Thasildar, Oddanchatram Taluk, Dindigul District.
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S.SOUNTHAR, J.
csm
Order made in
Dated : 01.07.2025
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