Writ petition seeking mandamus directing the second respondent to issue patta. Court directed the Tahsildar to conduct an enquiry into the representations and rival claims after affording opportunity of hearing.
Direction to the Tahsildar to conduct an enquiry, hear parties, and take a decision regarding the patta change within six weeks.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
W.P(MD)No.24268 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 16.10.2024
CORAM:
THE HONOURABLE MR.JUSTICE B.PUGALENDHI
W.P(MD)No.24268 of 2024
S. Kavitha ... Petitioner
Vs
2.The Tahsildar, Melur Taluk, Madurai. ...Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Mandamus, direct the 2d respondent to issue patta to the petitioner for the property measuring about 436 Sq. Ft comprised in S.No. 166/9C, Melur Village, Melur Municipal Ward No. 12 H, West Street, Gomathiyapuram, Madurai District as per his representation dated 23.09.2024 within the time stipulated by this Honble Court and pass such further or other orders as this Honble Court may deem fit and proper in the circumstances of this case and thus render justice.
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W.P(MD)No.24268 of 2024 For Petitioner : Mr.P.Ganapathi Subramanian, For Respondents : Mr.B.Saravanan Additional Government Pleader
O R D E R
This writ petition is filed for a Mandamus, to direct the
second respondent to issue patta to the petitioner for the property S.No. 166/9C, Melur Village, Melur Municipal Ward No. 12 H, West
Street, Gomathiyapuram, Madurai District, within a stipulated time.
2.The petitioner claims that she got the property in S.No.
166/9C, Melur Village, Melur Municipal Ward No. 12 H, West Street, Gomathiyapuram, Madurai District, by way of a settlement deed from her mother, namely Angammal in Doc.No.1318/2019, dated 13.03.2019. After the settlement deed, the petitioner has made a request for change of patta on 22.07.2022, 27.03.2023, 28.12.2023, 22.06.2024, 23.09.2024 and 30.09.2024. Though this petitioner has submitted several representations, the respondents have not taken any decision for change of patta. Therefore, the petitioner is before this Court with this writ petition.
W.P(MD)No.24268 of 2024
3.The learned counsel appearing for the petitioner submits that the land in S.No.166/9C was originally belonged to one Santhi, who had sold the same to one Manimegalai, through Doc.No. 2140/90, dated 03.09.1990. The said Manimegalai sold the same to one Alaguvalli vide Doc.No.2257/2000, dated 28.08.2000 and in turn, the said Alaguvalli has sold the property to one Pandiselvi, vide sale deed Doc.No.2098/2002, dated 01.07.2002. The petitioner's father, namely Balakrishnan has purchased the property from the said Pandiselvli, by way of a registered sale deed, in Doc.No. 2856/2008, dated 29.10.2008. The learned counsel further submits that the petitioner's father has executed a gift deed in favour of his wife/the mother of the petitioner vide Doc.No.1143/2005, dated 21.04.2005 and in turn, she has executed a gift settlement deed in favour of the petitioner vide Doc.No.1318/2019, dated 13.03.2019 and since then, the petitioner is in possession of the property. In the meantime, the petitioner was also sanctioned with government financial assistance on 27.07.2024 for a sum of Rs.50,000/- for construction of a house with toilet. While so, it is not proper on the
W.P(MD)No.24268 of 2024
part of the respondents in not taking any decision on the petitioner's representations.
Pleader takes notice for the respondents and submits that patta for the subject property stands in the name of one Veluswamy and therefore, change of patta could not be ordered in favour of the petitioner.
vested with her by way of a settlement deed executed by her mother in Doc.No.1318/2019, dated 13.03.2019. It appears that for change of patta, the petitioner has sent several representations and reminders to the respondents from the year 2022. The respondents claim that in view of rival claim on the subject property, change of patta could not be effected in favour of the petitioner.
W.P(MD)No.24268 of 2024
6.In view of the above, this writ petition is disposed of with a direction to the Tahsildar, Melur Taluk, Madurai to conduct an an enquiry and take a decision on the petitioner's representations on its merits and in accordance with law, within a period of six weeks from the date of receipt of a copy of this order, after affording opportunity of hearing to this petitioner as well as to the said Veluswamy. No costs.
16.10.2024
NCC :Yes/No Index :Yes Internet :Yes vrn
To
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W.P(MD)No.24268 of 2024
B.PUGALENDHI, J.
vrn
Order made in W.P(MD)No.24268 of 2024
16.10.2024
2 issues framed by the court
Whether the Tahsildar is directed to enquire into rival title claims regarding patta mutation.
Whether the petitioner is entitled to a change of patta in view of a settlement deed and pending representations.
1 provisions across 1 enactments
S. Kavitha
The District Collector, Madurai
The Tahsildar, Melur Taluk, Madurai
B. PUGALENDHI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
