Disposed

S.N.Jothi v. The Revenue Divisional Officer

Madras HC18 Oct 2019WP/21519/2019

Case brief

AI extract

What is this about?

Petitioner filed a writ petition seeking a writ of mandamus to direct the Zonal Deputy Tahsildar to transfer patta in her name based on a settlement deed executed by her husband and son. The court disposed of the petition, directing the petitioner to produce relevant ownership documents for the property and gave the authority time to act if records are satisfied.

What did the court decide?

Directing the petitioner to present all relevant documents for transfer of patta; if satisfied, the 2nd respondent to take necessary action within four weeks.

S.N.Jothi Vs The Revenue Divisional Officer — Property and Title | Madras HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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Dated: 18.10.2019

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Coram::

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The Honourable Dr.Justice G.Jayachandran

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W.P.No.21519 of 2019

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Mr.S.N.Jothi,
W/o.Narayanasamy,
No.24/4, Bajanai Kovil Street,
Karai, Ranipet,
Vellore – 632 004. ... Petitioner
/versus/
1. The Revenue Divisional Officer,
RDO Office, Ranipet,
Vellore District.
2. The Zonal Deputy Tahsildar,
Tahsildar Office, Arakkonam Taluk,
Vellore District.

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The Village Administrative Officer,
VAO Office, Thandalam Village,
Arakkonam Taluk, Vellore District. ... Respondents

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Prayer: Writ Petition is filed under Article 226 of the Constitution of India, praying to issue Writ of Mandamus, directing the 2^nd respondent to consider the Patta transfer application vide can ID No.0330404127919 and Application No.2019/0103/04/125272, dated 21.02.2019 pending on the file of the 2^nd respondent and thereby direct the 2^nd respondent to issue a transfer of Patta in favour of the petitioner.

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Heard the Learned Counsel for the Petitioner and the Learned Additional Government Pleader for the Respondents 1 to 3.

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https://hcservices.ecourts.gov.in/hcservices/

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The case of the petitioner is that, on 03.01.2019 her husband and son executed a settlement deed in favour of the petitioner and same was duly registered. The petitioner, on 21.02.2019 applied for transfer of Patta in her name. The Patta Application No. 2019/0103/04/125272 was pending before the 2^nd respondent/Zonal Deputy Tahsildar, not yet been considered. Hence, the present Writ Petition is filed seeking Mandamus directing the 2^nd respondent to consider the patta transfer application made by the petitioner.

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The Zonal Deputy Tahsildar, Arakkonam, Vellore District, who is the 2^nd respondent herein, has filed counter stating that the settlement deed has been executed in favour of the petitioner in respect of six items of the properties which stands in the name of the following persons:-

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S.No.239/8 dry, extent 0.45.5 ares in Patta No.180 are stands registered as joint patta in the names of Thiru.Narasimhulu Naidu S/o.Narayanasamy Naidu (1) and the members of Kalaimagal sabha (2).

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S.No.239/9 dry, extent 0.45.5 are stands registered as joint patta in patta No.802 with the names of thiruvalargal Narasimhulu Naidu S/o.Narayanasamy Naidu(1), Members of Kalaimagala Sabha(2), Elumalai S/o.Beeranjigan(3), Beeranji W/o.Perumal(4).

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S.No.239/12 dry, extent 0.20.0 ares in Patta No.415 is stands registered in the name of one Thiru.Bojjigan S/o.Arumugam as individual patta.

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S.No.239/13 dry, extent 0.45.5 ares in Patta No.416 stands registered in the name of one Thiru. Ponnan S/o.Kuppan as individual patta.

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S.No.239/28 dry, extent 0.48.0 in Patta No.180 stands registered with the names of one Thiru.Narasimhulu Naidu S/o.Narayanasamy Naidu(1), Members of Kalaimagal Sabha (2) as joint patta.

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S.No.240/2 dry, extent 0.17.0 in Patta No.227 stands registered in the name of one Thiru.Chinnapayyan S/o.Bojjigan as individual patta.

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When an application for transfer of patta made online by the petitioner, same was considered and it is found that in respect of S.No.239/12, extent of 0.20.0 ares in Patta No.415 stands registered in the name of one Thiru.Bojjigan S/o.Arumugam as single patta which is not concerned to the petitioner. S.No.239/13 extent 0.45.5 ares in Patta No.416 stands registered

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https://hcservices.ecourts.gov.in/hcservices/

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in the name of one Thiru.Ponnan S/o.Kuppan as individual patta. S.No.240/2 extent of 0.17.0 ares stands registered in the names of Thiru.Chinnapayyan S/o.Bojjigan as single patta. The petitioner has not produced any relevant documents for the above lands. In the absence of the relevant records the Patta transfer order could not be proceed now and also stated that there is a civil suit pending filed by one Tmt.Dharani Ammal W/o.Late Govardhanam, before the District Munsif Sholinghur, against the husband of the petitioner and others in respect of S.Nos.239/12 and 240/2. Hence, it is stated by the 2^nd respondent that, if the petitioner produces all the relevant records relating to the possession of the land and ownership, further action will be taken.

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The Learned Counsel appearing for the petitioner submits that, the petitioner is in possession of all relevant documents necessary for transfer of patta and ready to produce the documents. If it is so, there is no impediment for the 2^nd respondent to consider the same.

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Hence, the Writ Petition is disposed of, directing the petitioner herein to present all the relevant documents for transfer of patta and if the 2^nd respondent satisfied with the records, necessary action will be taken, in accordance with law, within a period of four weeks, from the date of receipt of a copy of this order. No costs.

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Sd/Assistant Registrar(CS) //True Copy// Sub Assistant Registrar bsm To,

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The Revenue Divisional Officer, RDO Office, Ranipet, Vellore District.

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The Zonal Deputy Tahsildar, Tahsildar Office, Arakkonam Taluk, Vellore District.

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The Village Administrative Officer, VAO Office, Thandalam Village, Arakkonam Taluk, Vellore District.

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+1cc to Mr.Y.Kaja navas , Advocate SR.No. 87571

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+1 cc to Government Pleader Sr.No. 87771, 87766

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W.P.No.21519 of 2019

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A.SK(19/11/2019)

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https://hcservices.ecourts.gov.in/hcservices/

S.N.Jothi v. The Revenue Divisional Officer

Case brief

What is this about?

What did the court decide?

S.N.Jothi v. The Revenue Divisional Officer

Case brief

What is this about?

What did the court decide?

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