S. Parvathi v. District Collector, Tirunelveli District
2015-10-28
R.SUBBIAH
body2015
DigiLaw.ai
ORDER The Writ Petition has been filed by the petitioner praying for a Writ of Mandamus to direct the fourth respondent to transfer patta for the properties bearing S.Nos.351/11A, 351/15, 351/4, 351/5, 351/7 and 352/5 of Vadakku Pudur Village, Sankarankovil Taluk, Tirunelveli measuring 0.31.50 to the petitioner, within a time frame. 2. Mr.M.Murugan, learned Government Advocate takes notice for the respondents. 3. By consent, the Writ Petition is taken up for final disposal. 4. In the affidavit, it has been averred that the petitioner was married to one Sankaranarayana Mudaliar, son of Palaniyandi Mudaliar in the year 1975. Out of their wedlock, three children were born to them. The husband of the petitioner owned several properties including the properties measuring to an extent of 0.31.50 hectares in S.Nos.351/11A, 351/15, 351/4, 351/5, 351/7 and 352/5 of Vadakku Pudur Village, Sankarankovil Taluk, Tirunelveli District and patta was also issued to him vide patta No.1004 and he had been in possession and enjoyment of the above properties. After his demise, as legal heir of the said Sankaranarayana Mudaliar, the petitioner and her children have been in possession and enjoyment of the above-said properties. It is stated that the said properties are the ancestral properties and some of the items were allotted to the said Sankaranarayana Mudaliar through O.S.No.84 of 1967 in the Sub-Court, Tuticorin District. 4.1. After the death of the said Sankaranarayana Mudaliar, the petitioner approached the fourth respondent for change of patta No.1004 in the name of the petitioner and her three children in respect of the said properties. However, the fourth respondent has refused to change the pattta by stating that the name of the pattadar in respect of the said properties is mentioned as Muthiah Mudaliar son of Sankaranarayana Mudaliar instead of Sankaranarayana Mudaliar son of Palaniyandi Mudaliar. According to the petitioner, it is only a typographical error crept in patta No.1004. Further, in O.S.No.84 of 1967, the learned Sub-Judge, Tuticorin has discussed the relationship between the parties in detail in which it has been clearly stated that Sankaranarayan Mudaliar is the son of Palaniyandi Mudaliar and grandson of Muthiah Mudaliar. Though the petitioner has made a representation before the fourth respondent on 25.02.2015 along with the relevant records, the same was not considered by the respondents. Therefore, the petitioner has once again sent a representation to the fourth respondent on 29.06.2015.
Though the petitioner has made a representation before the fourth respondent on 25.02.2015 along with the relevant records, the same was not considered by the respondents. Therefore, the petitioner has once again sent a representation to the fourth respondent on 29.06.2015. Even then, it has not been considered by the respondents. Hence, the petitioner has come forward with the present Writ Petition for the relief stated supra. 5. The learned counsel for the petitioner submitted that a typographical error has been committed by the respondents in patta No. 1004 issued to the deceased, namely, the said Sankaranarayana Mudaliar. Even though, the petitioner has produced the relevant documents to substantiate the relationship through O.S.No.84 of 1967, in Sub-Court, Tuticorin, no action has been taken by the respondents. Hence, he prayed that the patta No.1004 may be transferred in the name of the petitioner. 6. Mr.M.Murugan, learned Government Advocate, submitted that today, the Zonal Deputy Tahsildar is present before this Court, who has also produced the relevant files in this regard. On instructions, he submitted that the fourth and fifth respondents have verified the documents filed along with the patta transfer application and the patta No.1004 standing in the name of Sankaranarayana Mudaliar will be transferred in the name of the petitioner, within the time stipulated by this Court. 7. Keeping the submissions made on either side and in view of the fact the relationship of the deceased is clearly drawn in O.S.No.84 of 1967, in the Sub-Court, Tuticorin, to the effect that the deceased, namely, the said sankaranarayana Mudaliar is the son of Palayani Mudaliar and great grand son of Muthiah Mudaliar, there may be no impediment for the fourth respondent to transfer the patta No.1004 to the petitioner. Therefore, the fourth respondent is directed to transfer the patta for S.Nos.351/11A, 351/15, 351/4, 351/5, 351/7 and 352/5 of Vadakku Pudur Village, Sankarankovil Taluk, Tirunelveli, bearing patta No.1004, in the name of the petitioner, being the legal heir of the deceased, namely, the said Sankaranarayana Mudaliar, within a period of three weeks from the date of receipt of a copy of this order. 8. With the above direction, this Writ Petition stands disposed of. No costs.