Madras High CourtWP/5290/2024disposed of

Durairaj v. Revenue Divisional Officer

2024-03-01Honourable Mr Justice P. Velmurugan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.03.2024

CORAM

THE HONOURABLE MR.JUSTICE P.VELMURUGAN W.P.No. 5290 of 2024 Durairaj ... Petitioner versus 1.Revenue Divisional Officer, Virudhachalam Sub-Division, Cuddalore District.

2.Revenue Tahsildar, Veppur Taluk Office, Cuddalore District.

3.Village Administrative Office, O/o.Village Administrative Office, Mangalur Village, Veppur Taluk, Cuddalore District.

4.Devi .....Respondents Writ Petition filed under Article 226 of Constitution of India, praying to issue a Writ of Mandamus, directing the 2nd respondent to consider and pass an order based on the online application submitted by the petitioner for Patta transfer vide Can No.133180826138084 and Application No.2003/ 0103/18/270017, dated 14.12.2023, in accordance with law. Pg.Nos.1/5

For Petitioner :

Mr.M.Velmurugan For Respondents :

Mr.T.Arun Kumar Additional Government Pleader for R1 to R3

O R D E R

Mr.T.Arun Kumar, learned Additional Government Pleader accepts notice for respondents 1 to 3. Since this writ petition is being disposed of without passing any adverse orders against the fourth respondent, affecting her interest, notice to the fourth respondent is dispensed with.

2. This writ petition has been filed seeking for issuance of a writ of mandamus, directing the second respondent to consider the petitioner's online application vide Can No.133180826138084 and Application No.2003/0103/18/270017, dated 14.12.2023, wherein and whereby, the petitioner sought for Patta transfer in respect of the properties in question.

3. The main grievance of the petitioner is that even though an application has been made on 14.12.2023, till date, the second respondent has not taken any action on the said application. Pg.Nos.2/5

4. Heard the learned counsel for the petitioner and the learned Additional Government Pleader appearing for respondent 1 to 3 and perused the materials available on record.

5. Since this writ petition is filed for Mandamus simpliciter, to direct the second respondent to consider the application of the petitioner, this Court, without expressing any view or opinion with regard to the merits of the case, directs the second respondent to consider the application of the petitioner, after issuing notice to the petitioner and the fourth respondent herein as well as rival claimants/interested parties/objectors/aggrieved parties/ adjacent owners of the four boundaries of the subject land if any, as the case may be, after conducting enquiry into the matter and pass appropriate orders on merits and in accordance with law. Such exercise shall be completed within the stipulated time as stated in Circular No.R1/2005632/2022, dated 17.07.2023 issued by the Commissioner of Land Administration.

6. With the above directions, the writ petition is disposed of. However, Pg.Nos.3/5

there shall be no order as to costs.

01.03.2024 Index: Yes/No Speaking Order : Yes/No ms To 1.The Revenue Divisional Officer, Virudhachalam Sub-Division, Cuddalore District.

2.The Revenue Tahsildar, Veppur Taluk Office, Cuddalore District.

3.The Village Administrative Office, O/o.Village Administrative Office, Mangalur Village, Veppur Taluk, Cuddalore District.

Pg.Nos.4/5

P.VELMURUGAN, J.

ms 01.03.2024 Pg.Nos.5/5