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2026 Supreme(Online)(Mad) 31457

IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.SRIMATHY, J
Kavitha S – Appellant
Versus
The District Collector, Collector Office Building, Thanjavur District. – Respondent
Writ Petition|Pa.Mae.Ma.Tha.Pa 30/25/44



Advocates:
For the Appellants/Petitioners: M/s.K.R.Shivashankari
For the Respondents: Mr.S.Shanmugavel Additional Government Pleader

Court directs disposal of patta dispute petition after issuing fresh notices to all parties within 12 weeks.

Headnote:Under Article 226 of the Constitution of India, petitioner seeks mandamus to direct disposal of patta transfer petition concerning property in Survey No. 128/2A. Petitioner claims title via settlement deed from mother, who received property under grandmother's will, with revenue records mutated accordingly. Respondents 5-7, sisters of petitioner's mother, challenge patta via petition dated 11.12.2024. Court finds notice issued only to petitioner, requiring fresh notices. Main issue: Whether fourth respondent must expeditiously dispose patta cancellation petition after proper notice. Court holds enquiry pending, directing fresh notices to all parties and disposal within twelve weeks. Writ petition disposed of with directions; no order as to costs.

Table of Content
1. petition for mandamus to dispose patta transfer application. (Para 1 , 2)
2. writ petition disposed with directions, no costs. (Para 4)

ORDER

The present Writ Petition has been filed for the issuance of a Writ of Mandamus, directing the fourth respondent herein to dispose of the petition filed by respondents 5 to 7 in Pa.Mae.Ma.Tha.Pa. 30/25/44 dated 11.12.2024, pending on the file of the fourth respondent, for transfer of patta in respect of the property situated in Survey No. 128/2A, Nerkuppai Village, Thiruvidaimaruthur Circle, Thanjavur District.

2. The petitioner claims right over the property in Survey No. 128/2A based on a settlement executed by the petitioner’s mother through a settlement deed dated 09.07.2008, vide Document No. 978 of 2007. Thereafter, the revenue records were mutated and patta was issued in the name of the petitioner. Respondents 5 to 7 are the sisters of the petitioner’s mother. The petitioner’s grandmother, namely Chinnabai Ammal, had six children, namely Subramaiya Rao, Bhuvaneshwari, the petitioner’s mother S. Padmavathy, and respondents 5 to 7. However, the petitioner’s grandmother had executed a Will in favour of the petitioner’s mother, S. Padmavathy, who in turn settled the property in favour of the petitioner. While so, respondents 5 to 7 are claiming rights over the property. They have filed a petition to cancel the patta standing in the name of the petitioner, and the same was taken on file through petition dated 12.06.2025. 3. The fourth respondent issued notice dated 12.06.2025. However, the notice was issued only to the petitioner and the same is pending enquiry. Hence, the fourth respondent is directed to issue fresh notice to the petitioner, the petitioner’s mother, namely S. Padmavathy, and respondents 5 to 7, and thereafter conduct an enquiry and pass appropriate orders within a period of twelve weeks from the date of receipt of a copy of this order.

4. With the above direction, this Writ Petition is disposed of. There shall be no order as to costs.

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