WP.No.39629 of 2024 In the High Court of Judicature at Madras Dated : 06.1.2025 Coram : The Honourable Ms.Justice P.T.ASHA Writ Petition No.39629 of 2024 R.Tamilselvi ...Petitioner Vs 1.The Tahsildar, Perambalur (03) Taluk, Perambalur District. 2.The Sub-Collector, Perambalur District. ...Respondents PETITION under Article 226 of The Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus to call for the records pertaining to the proceedings No.P.M.No.A2/6959/2023 dated 10.7.2024 of the 1st respondent and the communication No.O.M.(A2) 2957/2024 dated 13.9.2024 of the 2nd respondent, quash the same and consequently direct the respondents 1 and 2 to effect the change of the patta in the petitioner's name from the petitioner's father's name in respect of the above property acquired by her under the registered settlement deed dated 19.5.2023. For Petitioner : Mr.V.M.G.Ramakannan For Respondents : Mr.A.Selvendran, SGP 1/7 https://www.mhc.tn.gov.in/judis WP.No.39629 of 2024 2/7 https://www.mhc.tn.gov.in/judis WP.No.39629 of 2024 ORDER Aggrieved by the refusal on the part of the respondents to grant patta in the name of the petitioner, the petitioner is before this Court. 2. Heard the learned counsel for the petitioner and the learned Special Government Pleader accepting notice for the respondents. 3. The case of the petitioner is as follows : (i) The petitioner's father - Mr.Ramalingam owned 1/3rd share of lands about 0.54 3/4 acres comprised in S.No.53/1, which was subdivided into S.No.53/1D2 from out of a total extent of 1.64 Acres at Thuraimangalam Village, Perambalur Taluk and District. A large extent comprised in S.No.53/1 was the ancestral property of the said Mr.Ramalingam and he had been enjoying the same by holding a joint patta along with his two brothers. (ii) Out of love and affection, the said Mr.Ramalingam settled the said property in favour of the petitioner vide settlement deed dated 19.5.2023 registered as doc.No.3353 of 2023 on the file of the Joint Sub-Registrar No.1, Perambalur. Thereafter, the petitioner applied to the first respondent on 12.7.2023 seeking to transfer the patta in her name from the name of her father by enclosing all the requisite documents. However, the first respondent had failed to consider the 3/7 https://www.mhc.tn.gov.in/judis WP.No.39629 of 2024 said documents and by proceedings dated 10.7.2024, the first respondent rejected the request made by the petitioner stating that the lands in question are the subject matter of dispute in O.S.No.390 of 2004 on the file of the District Munsif Court, Perambalur and W.P.Nos.35632 of 2019 and 13172 of 2022. (iii) Though the petitioner explained to the first respondent that the property in question was not the subject matter of the litigations, her explanation was not given heed to. As against the proceedings of the first respondent, the petitioner sent an appeal dated 27.8.2024 to the second respondent, who, by proceedings dated 13.9.2024, directed the first respondent to take further action on the appeal of the petitioner dated 27.8.2024 and send a report to him. Aggrieved by that, the petitioner has come forward with this writ petition. 4. This Court has carefully considered the submissions of the learned counsel on either side and perused the materials available on record and more particularly the impugned orders. 5. In the considered view of this Court, the respondents have failed to appreciate the fact that the petitioner sought for a change of patta on the basis of the settlement deed dated 19.5.2023 that has been executed by her father in her favour in respect of his share in the 4/7 https://www.mhc.tn.gov.in/judis WP.No.39629 of 2024 ancestral property. Admittedly, the petitioner's father was a joint pattadhar in patta No.2461 along with his two brothers namely Mr.Sella Perumal and Mr.Neelamegam. In fact, the petitioner is seeking to transpose her name in the place of her father. The respondents have totally lost sight of the said fact. 6. In fact, in the proceedings dated 10.7.2024, the first respondent observed that the patta could be granted to the petitioner depending upon the outcome of O.S.No.390 of 2004 on the file of the District Munsif Court, Perambalur and deferred the request of the petitioner. It has been observed by the first respondent as follows : 'Nkw;gb kDjhuh; gl;lh khw;wk; nra;af; NfhhpAs;s njhukq;fyk; fpuhk Gy vz; 53/1D2 ,y; 0.66.50 Vh;]; kw;Wk; nghJ FLk;g nrhj;Jf;fspy; jdJ ngah; ePf;fg;gl;ljw;fhd fhuzk; Nfhhp rptd; - rpd;dk;khs; jk;gjpapdhpd; thhpRfspy; xUtuhd jpU. fUzhepjp j/ng. rptd; vd;gth; jpU. uhkypq;fk; j/ng. rptd;-1> jpU.nry;yg; ngUkhs; j/ng. rptd;-2> jpU.ePyNkfk; j/ng. rptd;-3> khaN[hjp-4> fpU~;zNtzp-5 MfpNahiu gpujpthjpfshf Nrh;j;J nguk;gY}h; khtl;l chpikapay; ePjpkd;wj;jpy; njhlh;e;Js;s mry; tof;F vz;.390/2004 vd;w tof;F epYitapy; cs;sJ. muR gzp tof;fwpQhpd; rl;l fUj;Jiuapy; kDjhuhpd; 5/7 https://www.mhc.tn.gov.in/judis WP.No.39629 of 2024 Mtzq;fis rhpghh;j;J rl;lg;gb Mtzq;fs; rhpahf ,Uf;Fk; gl;rj;jpy; gl;lh gh]; Gj;jf rl;lg;gb tUtha;j;Jiw tpjpfSf;F cl;gl;L Nkw;gb gl;lh vz; 2461 ,y; kDjhuh; ngaiuAk; $l;lhf Nrh;j;J gl;lh toq;f ve;jtpj rl;lhPjpahd jilAk; ,y;iy. vg;gbapUg;gpDk; gpd;dpl;L Nkw;gb tof;F vz;. 390/2004 tof;fpy; khz;GkpF ePjpkd;wk; toq;Fk; jPh;g;gpw;F fl;Lg;gl;lJ vd rl;lf;fUj;Jiu tug;ngw;Ws;sJ." 7. The petitioner being a co-owner, the respondents could have included the name of the petitioner in the patta as a joint pattadhar instead of rejecting her request. In the light of the fact that the petitioner's father executed a settlement deed in her favour, the impugned orders cannot be sustained. 8. Accordingly, the writ petition is allowed, the impugned orders are set aside and the first respondent is directed to incorporate the name of the petitioner in patta No.2461 as a joint pattadhar within a period of six weeks from the date of receipt of a copy of this order. No costs. 06.1.2025 6/7 https://www.mhc.tn.gov.in/judis WP.No.39629 of 2024 P.T.ASHA,J RS To 1.The Tahsildar, Perambalur (03) Taluk, Perambalur District. 2.The Sub-Collector, Perambalur District. WP.No.39629 of 2024 06.1.2025 7/7 https://www.mhc.tn.gov.in/judis