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Madras High CourtWP/14447/2023disposed of

N.S.Venkatesan v. The Thasildar

2023-09-11Honourable Mr Justice S.M. Subramaniam5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.09.2023

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM and W.M.P.Nos.13953 and 13954 of 2023 N.S.Venkatesan ... Petitioner Vs.

1.The Tahsildar, R.K.Pet Taluk, R.K.Pet, Tiruvallur District.

2.The Special Officer, Central Co-Operative Societies Bank, Kancheepuram District.

... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the concerned records relating to the order in e/f/vz;/2967/2022/m6 dated 31.01.2023 passed by the 1st respondent and quash the same and consequently direct the 1st respondent to issue patta in favour of the petitioner in Survey No.252/1D1A situated at Srikalikapuram Village, R.K.Pet Taluk, Thiruvallur District.

For Petitioner : Mr.M.N.Kathir For R1 : Mr.T.Arun Kumar, Additional Government Pleader For R2 : Ms.R.Nandhini

O R D E R

The Inter-Departmental communication between the Tahsildar and the Special Officer, Kanchipuram, Central Co-operative Bank in proceedings dated 31.01.2023 is under challenge in the present Writ Petition.

2. The petitioner submitted an application for transfer of patta in respect of the land in Survey No.252/1D1A. Earlier the petitioner filed a Writ Petition in W.P.No.20683 of 2021 and this Court directed the authorities to consider the representation submitted by the petitioner.

3. Pursuant to the order of this Court dated 28.09.2021, the Tahsildar, R.K.Pet, addressed the Special Officer, Kanchipuram, Central Co-operative Bank through the impugned proceedings dated 31.01.2023.

4. The learned counsel for the petitioner mainly contended that the Tahsildar, R.K.Pet has wrongly mentioned the Survey Number in the order. The petitioner is claiming transfer of patta in respect of Survey Number. 252/1D1A. But in the communication to the Kanchipuram, Central Co-operative Bank, the Tahsildar has wrongly stated that the Survey Number as S.No.251/1D1B.

5. If at all any error in respect of the Survey Number, the petitioner is at liberty to produce the documents before the Tahsildar to establish the correct Survey Number for which he seeks transfer of patta. Contrarily, such Inter-Departmental communication would not provide a cause for the purpose of filing the Writ Petition. Such mistakes during any stage may be correct by the authorities by verifying the original documents.

6. This being the factum, the petitioner is at liberty to produce the original documents before the Tahsildar to establish the correct Survey Number of the property and effect necessary correctness in the communication or otherwise.

7. With these clarifications, the Writ Petition stands disposed of. Consequently, the connected Miscellaneous Petitions are closed. No costs. 11.09.2023 2/2 skr Index : Yes Speaking order To 1.The Tahsildar, R.K.Pet Taluk, R.K.Pet, Tiruvallur District.

2.The Special Officer, Central Co-Operative Societies Bank, Kancheepuram District.

S.M.SUBRAMANIAM, J.

skr 11.09.2023 2/2