S.A.Mohamed Ibrahim v. The Tahsildar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.08.2023

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM S.A.Mohamed Ibrahim ... Petitioner Vs.

1.The Tahsildar, Villianur Taluk, Villiyanur, Pondicherry - 605 110.

2.The Chief Secretary, Government of Puducherry, Main Building, Chief Secretariat, Puducherry - 605 001.

... Respondents [R2 is suo-moto impleaded as 2nd respondent by order dated 01.08.2023 in W.P.No.12874/2023] Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondent to take necessary action to transfer of patta in the name of the petitioner in respect of property bearing survey R.S.No.40/2A, 40/2B in No.8, Thirubuvanai Village, Puducherry by considering the representations of the petitioner dated 19.01.2023 and 09.03.2023.

For Petitioner : Mrs.G.V.Seethalakshmi For Respondent : Mr.P.S.Kothandaraman Government Advocate

O R D E R

The relief sought for in the present writ petition is to direct the respondents to take necessary action to transfer the patta in the name of the petitioner in respect of the property bearing survey R.S.No.40/2A, 40/2B in No.8, Thirubuvanai Village, Puducherry by considering the representations of the petitioner dated 19.01.2023 and 09.03.2023.

2. The grievance of the petitioner is that he has submitted a representation along with the documents to transfer the patta in his name in respect of the subject property. The said representation was not considered and thus, the petitioner is constrained to move the present writ petition.

3. When an application is submitted for grant of patta, cancellation of patta or mutation of revenue records, the authorities competent are bound to conduct an enquiry by affording opportunity to all the parties and pass appropriate orders on merits and in accordance with law. Keeping such

petitions pending for long time would cause prejudice to the persons, who all are submitting application. Such applications are to be considered in the order of seniority and in a systematic manner. Thus, the case of the petitioner is also to be considered based on his representation dated 19.01.2023, 09.03.2023 and after conducting an enquiry by affording opportunity to all the parties, pass appropriate orders on merit and in accordance with law as expeditiously as possible.

4. Since the petitioner has failed to implead the Chief Secretary, Puducherry, this Court is inclined to suo-moto impleaded the Chief Secretary Government of Puducherry, Main Building, Chief Secretariat, Puducherry as 2nd respondent.

5. Accordingly, this Writ Petition stands disposed of. No costs. 01.08.2023 Jeni Index : Yes Speaking order

To 1.The Tahsildar, Villianur Taluk, Villiyanur, Pondicherry - 605 110.

2.The Chief Secretary, Government of Puducherry, Main Building, Chief Secretariat, Puducherry - 605 001.

S.M.SUBRAMANIAM, J.

Jeni 01.08.2023