Madras High Court
Fathima Mary vs The District Collector on 4 March, 2025
W.P.(MD)No.5729 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 04.03.2025
CORAM:
THE HONOURABLE MR JUSTICE P.B. BALAJI
W.P.(MD)No.5729 of 2025
and WMP(MD) No.4191 of 2025
1. Fathima Mary
2. Daisy
3. Jayaseelan
4. Josephin Santhi
... Petitioners
Vs
1. The District Collector,
Pudukkottai District.
2. The Revenue Divisional Officer,
Illupur, Pudukkottai District.
3. The Tahsildar,
Viralimalai Taluk, Viralimalai, Pudukkottai District.
4. A. Savarimuthu
... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of
India, to issue a Writ of Mandamus, directing the respondents 1 and 3
the effect transfer of patta in petitioner's names.
For Petitioners : Mr.M.Jahangir Baba
For Respondent : Ms.S.Jeyapriya (R1-R3)
Government Advocate
1/7
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W.P.(MD)No.5729 of 2025
ORDER
The petitioners have filed the present writ petition seeking
transfer of patta in the petitioners' name pursuant to decree for Specific
Performance passed by the Sub Court, Keeranur and confirmed up to the
Hon'ble Supreme Court.
2.Considering the limited scope of the relief sought for by
the petitioners with the consent of learned counsel on either sides, this
writ petition is taken up for final disposal.
3.The petitioners have only sought for inclusion of their
names in the joint patta based on the sale deed executed by the Court in
their favour on the default committed by the defendant/Judgment debtor
to honour the Specific Performance decree.
4.The learned counsel for the petitioners submitted that the
title has been duly transferred in the name of the petitioners pursuant to
the registered sale deed executed by the Court, representing the Judgment
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Debtor, who refused to come forward to comply with the decree for
Specific Performance. The learned counsel for the petitioners would also
take me through the various orders passed up to Hon'ble Supreme Court
as well as the execution petition filed and the consequent sale deed
executed and registered in the name of the petitioners. The petitioners
have made a request for inclusion of their names in the joint patta and
also issued a lawyer notice on 18.10.2024. The petitioners therefore, seek
for issuance of writ of mandamus to direct the respondents 1 to 3 to
effect transfer of patta in the petitioners' name.
5.The learned Government Advocate appearing for the
respondents on written instructions would submit that there is a pending
execution petition in EP No. 2 of 2024 before the Sub Court, Keeranur
and only in view of the said pendency of execution petition, patta
application of the petitioners has not been considered.
6.The learned counsel for the petitioners also annexed the
relevant copies of the execution petition.
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7.Heard the learned counsel on either side and perused the
materials available on record.
8.It is seen from the said papers that one Arockia John has
preferred the execution petition against the son of the fourth respondent
and there is also an attachment over the subject property. In view of the
said attachment, the Authorities are reluctant to consider the mutation of
patta in the name of the petitioners.
9.Considering the submissions advanced by either side, it is
a straight law that attachment of immovable property runs with the
property and there can be no impediment for transfer of property even
when there is an attachment order is in force. It is only that the person
taking beneficial interest shall also take the risk of the attachment of
immovable property. The petitioners have succeeded up to the Hon'ble
Supreme Court, thereafter, registered sale deed, has also been duly
executed in their favour. Based on the said sale deed, the petitioners have
certainly entitled for mutation of patta. Citing pendency of execution
petition filed by a third party against the son of the fourth respondent,
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who suffered the decree for performance cannot be a reason to deny
mutation of records in favour of the petitioners.
10.Considering that the petitioners seek only for issuance of
writ of mandamus, this writ petition is disposed of with a direction to the
third respondent to consider the petitioners' representation for mutation
of patta in their names, pursuant to the sale deed executed by the Court in
furtherance of decree for Specific Performance, which attained finality
with the dismissal of SLP before the Hon'ble Supreme Court. The order
should be passed on merits and in accordance with law without denying
the petitioners' request on the ground of pendency of EP 2 of 2024. This
exercise shall be completed within a period of eight weeks from the date
of receipt of copy of this order. No costs. Consequently, connected
miscellaneous petition is closed.
NCC : Yes / No 04.03.2025
Index : Yes / No
PNM
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TO:-
1. The District Collector,
Pudukkottai District.
2. The Revenue Divisional Officer,
Illupur, Pudukkottai District.
3. The Tahsildar,
Viralimalai Taluk,
Viralimalai, Pudukkottai District.
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P.B. BALAJI, J.
PNM
ORDER IN
04.03.2025
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