Pitchakaran, v. The District Collector,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 8-4-2015

CORAM

THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN WRIT PETITION No.10142 of 2015 Pitchakaran .. Petitioner vs 1.The District Collector Villupuram District 2.The Revenue Divisional Officer Kallakurichi Villupuram District 3.The Revenue Tahsildar Sankarapuram Taluk Villupuram District 4.The Village Administrative Officer Pasaar Village Sankarapuram Taluk Villupuram District .. Respondents Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of mandamus directing the respondents 3 and 4 to consider the petitioner's application dated 6.2.2015, for patta name transfer in accordance with law within the stipulated time.

For Petitioner : Mr.S.Mohamed Ansar For Respondents : Mr.S.V.Duraisolaimalai Additional Government Pleader

ORDER

By consent, the writ petition itself is taken up for final disposal.

2.The petitioner claims that he has purchased a land admeasuring to an extent of 0.06 cent in Survey No.221/4A vide registered Document No.259/1993, as well as other properties by means of registered sale deeds vide Document Nos.837/1995 and 1063/1997, and after purchase, submitted an application on 6.2.2015, for transfer of patta in his name and in spite of such a

representation, he has not been favoured with any response and therefore, came forward to file this writ petition. 3.The learned Counsel appearing for the petitioner, has drawn the attention of this Court to G.O.Ms.No.210, Revenue [S.S.1 (1)] Department, dated 8.7.2011, which gives exhaustive guidelines on the basis of the announcement made by the Hon'ble Chief Minister of Tamil Nadu.

4.The Court heard the submissions of Mr.S.V.Duraisolaimalai, learned Additional Government Pleader, who accepted notice for the respondents, also.

5.Before this Court, repeatedly very many writ petitions are filed praying for disposal of the application for name transfer in the patta and in spite of the above said exhaustive guidelines, the jurisdictional Tahsildars are not passing orders and thereby, driving the concerned applicants to take recourse to this Court. It is unfortunate that the superior officials of the Tahsildars viz. the jurisdictional District Collectors, Revenue Divisional Officers as well as District Revenue Officers, are also not bestowing their attention with regard to the problem being faced by the applicants.

6.On account of filing of number of writ petitions praying for relief of name transfer in the patta, the whole system is getting clogged up and therefore, this Court is left with no other option except to direct the Secretary to Revenue Department, Government of Tamil Nadu to take appropriate disciplinary action against the concerned Tahsildars on account of not taking decision on time with regard to the name transfer in the patta and thereby driving the applicants to this Court.

7.Insofar as this writ petition is concerned, this Court, without going into the merits of the application, directs the respondents 3 and 4 to consider and dispose of the application of the petitioner dated 6.2.2015, on merits and in accordance with law, within a period of six weeks from the date of receipt of a copy of this order. The writ petition accordingly, stands disposed of. No costs.

8.The Principal Secretary to Revenue Department, Government of Tamil Nadu shall also file a compliance report as to the action taken in this regard by 24.6.2015. 9.List the matter on 24.6.2015, for reporting compliance. Sd/- Asst.Registrar (CO) /true copy/ Sub Asst. Registrar nsv

To:

1.The District Collector Villupuram District 2.The Revenue Divisional Officer Kallakurichi, Villupuram District 3.The Revenue Tahsildar Sankarapuram Taluk, Villupuram District 4.The Village Administrative Officer Pasaar Village, Sankarapuram Taluk Villupuram District

5. The Section Officer Writ Section, High Court, Madras Copy to:

The Principal Secretary Revenue Department Government of Tamil Nadu Fort St. George, Chennai 600 009.

1 cc to Mr.M. Mohamed Ansar, Advocate,. sr. 19346 1 cc to Government Pleader, Sr. 19690 W.P.No.10142 of 2015 SAI (CO) kk 21/4