Rani, W/O.Murugan, v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 10.03.2017

CORAM

THE HONOURABLE MR. JUSTICE M.SATHYANARAYANAN WP.No.5906/2017 Rani ..Petitioner

Versus

1.The District Collector Vellore, Vellore District.

2.The Tahsildar Natrampalli, Vellore Vellore District.

..Respondents Writ petition filed under Article 226 of the Constitution of India praying for a writ of mandamus directing the 2nd respondent to transfer the patta in the name of the petitioner within the stipulated period.

For Petitioner :

Mr.M.Sathish Kumar For Respondents:

Mr.S.V.Doraisolaimalai, AGP

ORDER

By consent, the writ petition is taken up for final disposal. Mr.S.V.Doraisolaimalai, learned Additional Government Pleader accepts notice on behalf of the respondents. The following lands situate at Vakkanampatti Village, Chakrakuppam, Thirupathur Taluk, Vellore District, in S.No.1151.28 cents ; S.No.116/13-0.57.0 hectares ; S.No.116/5-0.14.0 Hectares ; S.No.117/1-0.58.5 Hectares ; S.No.120/29D-0.02.0 Hectare ; S.No.101/1-1 acre 20 cents ; S.No.135/3D-0.08 cents and S.No.116/5E RCC roof house along with bore well and electricity connection, originally belonged to one Kannu, S/o.Pattu @ Govindan and after his demise, his daughter, viz., the petitioner herein and her brothers Mani, Tirupathi and Govindan, were involved in a civil litigation in OS.No.196/2001 on the file of the Court of the Subordinate Judge, Tirupathur for partition and separate possession and a preliminary decree was passed on 29.04.2005, carving out the shares and an appeal in AS.No.10/2006 was filed before the Principal District Court at Vellore and it was partly allowed and challenging the same,

the petitioner, Mani, Tirupathi and Govindan filed SA.No.1419/2007 on the file of this Court and this Court, vide judgment and decree dated 17.12.2014, has confirmed the judgment and decree passed in AS.No.10/2006 by the Court of Principal District Judge, Vellore and thereafter, the petitioner herein filed IA.No.145/2015 to pass final decree and an Advocate Commissioner was appointed and accordingly, the final decree was also passed on 28.04.2016, allotting certain lands in the above said survey numbers. Thereafter, the petitioner fled an application through E-Seva for transfer of patta in her name in respect of Survey Number/Sub Division No.

115/7B1, Puthagaram, Natrampalli, Vellore District and the grievance expressed by the petitioner is that despite the acknowledgment, so far no orders have been passed and hence, the petitioner is constrained to approach this Court by filing the present writ petition. Heard the learned counsel for the petitioner and Mr.S.V.Doraisolaimalai, learned Additional Government Pleader appearing for the respondents who would submit that since the transfer of patta is sought on the Court proceedings, the opinion is sought for and the application submitted by the petitioner for transfer of patta will be processed and appropriate orders will be passed as expeditiously as possible. This Court paid its best attention to the rival submissions and also perused the typed set of documents. This Court, while disposing of WP.No.10064/2015 on 09.04.

2015, had made observations with regard to the delay in effecting transfer of patta and communicated the said order to the Secretary to Government, Revenue Department, Secretariat, Chennai-9, who vide Letter No. 18294/SS.1[1]/2015-2 dated 26.05.2015, has directed all the District Collectors to issue strict instructions to all the Subordinate Officers concerned at Taluk/Division level under the control of the District Administration, to scrupulously and strictly follow the guidelines issued in G.O.Ms.No.210, Revenue [SS[1]] Department dated 08.07.2011 while disposing the applications for name transfer in the patta and also indicated that failing to comply the above orders, had directed the concerned District Collectors to take necessary disciplinary action against the erring officers, in that regard.

In spite of the said administrative instructions, this Court is coming across very many cases in which, there is a delay either for issuance of patta or transfer of patta and as a consequence, very many writ petitions are filed before this Court praying for appropriate direction for issuance of patta/transfer of patta and as a result, this Court is unable to concentrate on disposal of quality matters.

It appears that the District Collectors are no adhering to the said instructions issued by the superior officer, viz., the Secretary to Government of Tamil Nadu, Revenue Department, Secretariat, Chennai-9.

This Court, taking into consideration, the above facts and circumstances and without going into the merits of the claim projected by the petitioner, directs the 2nd respondent to consider and dispose of the petitioner's on-line application for patta transfer dated 20.09.2016 and after putting the concerned person/s on notice, shall pass orders on merits and in accordance with law within a period of six weeks from the date of receipt of a copy of this order and communicate the decision taken, to the petitioner.

The writ petition stands disposed of with the above direction. No costs.

Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar AP To 1.The District Collector Vellore, Vellore District.

2.The Tahsildar Natrampalli, Vellore Vellore District.

Copy to: The Secretary to Government of Tamil Nadu, Revenue Department Secretariat, Fort St. George, Chennai-9. WP.No.5906/2017 KGK(CO) EU 24.3.17