R.Settu v. The Tahsildar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.04.2023 CORAM :

THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM R.Settu ..

Petitioner vs The Tahsildar Kizh Pennathur Taluk Thiruvannamalai District.

..

Respondent Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondent Tahsildar, Kizhpennathur Taluk to consider the petitioner's application Ref.No.2023/0105/06/414860 dated 13.03.2023 and effect transfer of patta of the petitioner's name R.Settu in respect of punja agricultural land measuring 1.01.1 acres / 2.50 acres - patta 295 in S.No.48/1 in Agaram Village, Kizh Pennathur Taluk, Thiruvannamalai District. For Petitioner :

Mr.N.J.Sagayaraj For Respondent :

Mr.T.Arunkumar Additional Government Pleader

ORDER

The relief sought for in the present writ petition is to direct the respondent Tahsildar, Kizhpennathur Taluk to consider the petitioner's application Ref.No.2023/0105/06/414860 dated 13.03.2023 and effect transfer of patta of the petitioner's name

2. The direction as such sought for to transfer patta cannot be granted by the High Court. For transfer of patta, the person aggrieved has to approach the competent authorities under the provision of the Patta Passbook Act. In the event of filing an application, the authorities competent has to register the same and follow the procedures as contemplated under the provisions of the Patta Passbook Act and Rules framed therein.

3. In the present case, the petitioner submitted the application only on 13.03.2023 and hardly one and a half months lapsed. The person who filed such an application cannot immediately approach the High Court for issuing a direction, which would cause administrative inconvenience to the competent authorities in dealing with all such small matters in an uniform manner.

4. The Court must allow the competent authorities to deal with all such applications in a systematic manner and in the order of seniority and by following the procedures as contemplated under the Act and Rules.

5. The petitioner has to wait for his turn for adjudication of the application submitted for transfer of patta. The authorities competent shall

register the application filed by the petitioner in the order of seniority and accordingly, conduct an enquiry by affording an opportunity to all the parties and thereafter take a decision as expeditiously as possible.

6. With these directions, the writ petition is disposed of. There will be no order as to costs.

Index : Yes/No 27.04.2023 drm To:

The Tahsildar Kizh Pennathur Taluk Thiruvannamalai District.

S.M. SUBRAMANIAM, J.

drm 27.04.2023