K.Sanmugam v. The Tahsildar,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 28.03.2024 Coram:
THE HONOURABLE MR.JUSTICE P.VELMURUGAN W.P.No.8832 of 2024 -- K.Sanmugam .. Petitioner Vs.
1. The Tahsildar, Pallavaram Taluk, Pallavaram, Chengalpattu District.
2. The Taluk Surveyor, Pallavaram Taluk, Pallavaram, Chengalpattu District.
3. The Revenue Divisional Officer, Tambaram.
(Third respondent - suo-motu impleaded as party-respondent in this Writ Petition today) .. Respondents Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus to direct the respondents to transfer the Patta in the name of the petitioner's land in an extent of 8-1/2 cents in Old Survey No.39/1, New S.No.39/1A in Kannapran Kovil Street, Pallavaram Village, Tambaram Taluk, Kanchipuram now Chengalpattu District, based on the petitioner's application dated 22.08.2022.
For petitioner : Mr.M.Selvam For respondents : Mr.T.Arun Kumar, Addl.G.P.
ORDER
The petitioner has filed the above Writ Petition praying for issuance of a Writ of Mandamus to direct the respondents to transfer the Patta in the name of 1 / 4
the petitioner's land in an extent of 8-1/2 cents in Old Survey No.39/1, New S.No.39/1A in Kannapran Kovil Street, Pallavaram Village, Tambaram Taluk, Kanchipuram, now Chengalpattu District, based on the petitioner's application dated 22.08.2022.
2. Learned counsel for the petitioner submitted that though the petitioner made a representation and also filed application dated 22.08.2022 seeking to transfer the Patta in his name in respect of the above said land, the respondents have not so far considered the same or passed any order, despite issuing enquiry notice. The parties have appeared on 05.01.2023 itself, despite which, the authorities have not passed final order so far and therefore, the present Writ Petition is filed.
3. In the morning session, when the Writ Petition was taken up for hearing, learned Additional Government Pleader sought time to get instructions. Therefore, the matter was passed over for getting some clarification. Now, in the afternoon session, when it is taken up for hearing, the learned Additional Government Pleader submitted that final order has not yet been passed by the respondents on the request made by the petitioner. The learned Additional Government Pleader further submitted that the other person who filed similar application before the respondents, in which the enquiry was also conducted, orders were passed, but however, the learned Additional Government Pleader admitted that the final order has not been passed in the present case based on 2 / 4
the enquiry conducted on 05.01.2023 on the application filed by the petitioner, dated 22.08.2022. Therefore, the first respondent is directed to issue fresh notice to the petitioner and rival claimants/interested parties/aggrieved parties/objectors, as the case may be, and after giving notice to all those parties including one party to the other application made by one Palani, since already, the Revenue Divisional Officer passed orders in the other matter, the RDO, Tambaram, is now suo-motu impleaded as a party-third-respondent in this Writ Petition and he is directed to conduct enquiry and pass appropriate orders on merits and in accordance with law, on the said application of the petitioner, dated 22.08.2022, within a period of 12 weeks from the date of receipt of a copy of this order.
4. With the above observations, the Writ Petition is disposed of. There shall be no order as to costs.
28.03.2024 cs To
1. The Tahsildar, Pallavaram Taluk, Pallavaram, Chengalpattu District.
2. The Taluk Surveyor, Pallavaram Taluk, Pallavaram, Chengalpattu District.
3. The Revenue Divisional Officer, Tambaram, Chennai. 3 / 4
P.VELMURUGAN, J cs W.P.No.8832 of 2024 28.03.2024 4 / 4