M. MALAISAMY Vs. DISTRICT REGISTRAR, PUDUKKOTTAI DISTRICT

JUDGEMENT

(1.) The Petitioner has prayed for issuance of a Writ of directing the second respondent to mutuate patta in the Petitioner's name for subject properties in S.Nos.170/9B2, 172/4, 173/10C, 173/8,175/15,175/16, 175/7,175/13A1, measuring 0/0/50, 0/33/50, 0/1/0, 0/14/0,0/16/0. 0/32/0, 0/16/0 and 0/3/50 Hectares respectively with a total extent of 1/16/50 hectares situated at Rethnakottai Village, Aranthangi Taluk, Pudukkottai District at the earliest.

(2.) Mrs.K.Christy Theboral, learned Additional Government Pleader takes notice for the respondents 1 and 2. By consent of both parties, the Writ Petition is taken up for final disposal at the admission stage itself.

(3.) The case of the Petitioner is that the prayer mentioned properties are ancestral properties belonging to the joint family consisting the Petitioner's parents, Manickam, Ganjaiammal, the Petitioner's elder sister Meenakshi Ammal, the Petitioner himself and his younger sister Yasodha.The Petitioner's sisters are all married and aged 62 and 68 years, living separately with their family. As the Petitioner is in Saudhi Arabia, by anger, the Petitioner's father had executed a registered settlement deed in respect of the subject matter properties in favour of his two sisters under an Inam registered settlement Deed, dtd. 19/3/2013 and the possession of the same was with the father, as the sisters are living away from the Petitioner's village.The Petitioner's mother and father got expired on 9/6/2012 and 23/2/2017 respectively.For the death of the father, the Petitioner came to India and at that time the sisters of the deceased came forward to give back the properties to the Petitioner and had also executed a registered on 14/3/2017 and it was also registered.Hence the Petitioner made an application through online to the second respondent for mutation of patta . The patta for the above said properties stand in the name of his sisters Meenakshi and Yasodha in Patta No.4095. Somehow, the above said Meenakshi has some oral objection for patta transfer and his sister Yasodha has no locus standi to object for the transfer of patta.The second respondent on 21/11/2022 informed the Petitioner to get the consent letter from the sisters for transfer of patta and the said request of the second respondent is bad and not necessary as per law. Since the Petitioner's claim was not considered, the Petitioner has filed this Writ Petition for the relief stated supra.