Madras High Court
S.Shanmugam vs The District Collector on 13 November, 2024
Author: P.T. Asha
Bench: P.T. Asha
W.P.No.33264 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 13.11.2024
CORAM
THE HONOURABLE Ms. JUSTICE P.T. ASHA
W.P.No.33264 of 2024
S.Shanmugam ... Petitioner
Vs.
1.The District Collector
O/O District Collector, Erode, Erode District
2.The Tahsildar
Gobichettipalayam, Erode,
3.The Block Development Officer
Gobichettipalayam Erode,
4.The Village Administrative Officer
Allumkuli Village, Gobichettipalayam,
Erode District. ...Respondents
Prayer:- Writ petition filed under Article 226 of the Constitution of India
praying for issuance of a writ of Certiorarified Mandamus, Calling for the
records pertaining in Na.Ka.3783/2024/A4 dated 09.07.2024 issued by the
2nd respondent and quash the same as illegal and arbitrary and
consequently direct the 1st and 2nd respondents to issue transfer of Patta in
the name of the petitioner in Survey No 199/2 (Old S. No 233-B) Acre 1.35
1/5
https://www.mhc.tn.gov.in/judis
W.P.No.33264 of 2024
1/2 cents Patta No. 14, Allunkuli Village, Gobichettipalayam, Erode
District.
For Petitioner : M/s.P.Tamilavel
For Respondents : M/s.T.M.Rajangan., Govt. Advocate
for R1 to R4.
ORDER
Challenging the order rejecting the petitioner’s request for transfer of patta, the petitioner is before this Court.
2. The land comprised in S.No.199/2 (Old S.No.233-B), Hec.1.09.5, Patta No.14, Allunkulli Village, Gobichettipalayam, Erode District, originally belonged of the petitioner’s grand father who was allotted a conditional patta. On his death, the said property devolved on the petitioner’s father Subbhian @ Subramaniam and his brother Periyyannan @ Senni. The petitioner’s father died on 27.09.2004 leaving behind only the petitioner to succeed to his estate. His paternal uncle, Periyyannan @ Senni had passed away on 23.03.2022 leaving behind his sons Balasubramanian and Vishwanthan. The petitioner being the only legal heirs of his father has taken steps to have the patta transferred in his name However, the 2nd respondent had passed the impugned order stating that the petitioner's father had been issued with a conditional patta and the 2/5 https://www.mhc.tn.gov.in/judis W.P.No.33264 of 2024 conditional patta cannot be converted into an Ayan Patta and further the conditional patta did not permit the transfer of the property. Challenging the same, the petitioner is before this Court.
3. Heard the counsels on either side and perused the records.
4. The non-application of mind on the part of the 2nd respondent is evident on perusing the impugned order. The petitioner seeks to have the patta transferred only as the legal representatives of his father who had inherited the property from the original patta holder along with his brother. The reason for rejecting the petitioner's request cannot be sustained and accordingly the Writ Petition is allowed and the impugned order passed by the 2nd respondent in Na.Ka.3783/2024/A4 dated 09.07.2024 is set aside. The Respondents 1 and 2 are directed to transfer patta in the name of the petitioner, within a period of 6 weeks from the date of receipt of a copy of this order. No costs.
13.11.2024 (shr) Index : Yes/No Speaking Order: Yes/No Neutral Citation : Yes/No 3/5 https://www.mhc.tn.gov.in/judis W.P.No.33264 of 2024 To
1.The District Collector O/O District Collector, Erode, Erode District
2.The Tahsildar Gobichettipalayam, Erode,
3.The Block Development Officer Gobichettipalayam Erode,
4.The Village Administrative Officer Allumkuli Village, Gobichettipalayam, Erode District 4/5 https://www.mhc.tn.gov.in/judis W.P.No.33264 of 2024 P.T. ASHA. J., (shr) W.P.No.33264 of 2024 13.11.2024 5/5 https://www.mhc.tn.gov.in/judis