V.Sundaram v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.02.2022

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.No.2298 of 2022 V.Sundaram ... Petitioner Vs.

1.The District Collector Kanchipuram District, Kanchipuram - 631 501.

2.The Zonal Deputy Tahsildhar Uthiramerur Taluk, Kanchipuram District - 603 406.

3.C.Jothi ... Respondents Prayer:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the second respondent to issue patta in the name of the third respondent within a time to be stipulated by this Hon'ble Court. For Petitioner : Mr.V.Ramana Reddy For Respondents : Mr.G.Nanmaran Special Government Pleader For RR1 & 2

O R D E R

The petitioner has filed this writ petition seeking issuance of Writ of Mandamus directing the second respondent to issue patta in the name of the third respondent within a time to be stipulated by this Court.

2.The case of the petitioner is that the petitioner vide sale deed dated 06.07.2021, sold the subject property to the third respondent. Thereafter the third respondent applied for mutation of revenue records and the same was rejected by the second respondent on 17.11.2021. Hence, the petitioner has filed this writ petition for the aforesaid relief. https://hcservices.ecourts.gov.in/hcservices/

3.Heard the submissions made by the learned counsel appearing for the petitioner and the learned Special Government Pleader appearing for the official respondents. 4.The facts in the present case is not in dispute. Admittedly, the third respondent purchased the petitioner's property and thereafter applied for mutation of revenue records and the same was rejected by the second respondent on 17.11.2021. If the third respondent is aggrieved, the third respondent has to challenge the rejection order before the competent forum, instead the petitioner has filed this writ petition as a vendor of the third respondent, which is not sustainable one. Hence, the prayer sought for by the petitioner in this writ petition cannot be considered.

5.This writ petition is accordingly dismissed. However, liberty is granted to the third respondent to work out the remedy in the manner known to law. No costs. Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar pri To 1.The District Collector Kanchipuram District, Kanchipuram - 631 501.

2.The Zonal Deputy Tahsildhar Uthiramerur Taluk, Kanchipuram District - 603 406.

+1cc to the Government Pleader, S.R.No.9900 W.P.No.2298 of 2022 SSD(CO) SB(09/03/2022) https://hcservices.ecourts.gov.in/hcservices/