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Madras High CourtWP/23399/2021disposed of

Thangamani v. The Revenue Divisional Officer

2021-11-01Honourable Mrs Justice V.Bhavani Subbaroyan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.11.2021

CORAM:

THE HON'BLE MRS.JUSTICE V.BHAVANI SUBBAROYAN W.P.NO.23399 OF 2021 Thangamani ... Petitioner

Versus

1. The Revenue Divisional Officer, Coimbatore North, Kavundampalayam, Coimbatore - 641 030.

3. The Zonal Deputy Tahsildar, Annur Taluk, Coimbatore District.

... Respondents PRAYER:- Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the 1st respondent herein to dispose of the petitioner's appeal dated 06.03.2021 on merits within the time frame fixed by this Court. For Petitioner : M/s.L.Mouli For Respondents : Mr.V.Veluchamy Government Advocate

ORDER

This writ petition has been filed seeking for a direction to the first respondent herein to dispose of the petitioner's appeal dated 06.03.2021 on merits within the time frame fixed by this Court.

2. The petitioner had purchased four items of properties comprised in S.Nos.(i)S.F.No.253/5 measuring to an extent of 2.82 Acres (ii) S.F.No.252/2, measuring to an extent of 0.58 Acres, (iii) S.F.No.252/3, measuring to an extent of 0.61 Acres and (iv) S.F.No.252/4 measuring to an extent of 0.75 acres situated at Kallipalayam Village, Annur Taluk, Coimbatore, from

one Velappa Gounder and Arumuga Gounder by virtue of a registered Sale Deed vide Document No.1130 of 1974 dated 07.04.1994 and mutated all the Revenue Records in favour of the petitioner, continuously, he was in peaceful possession and enjoyment of the property. After verification of the records, he came to know that the Patta No.2370 stands in the name of a third party, namely, Angline Distributors Private Limited. Immediately thereafter, he sent a representation through on-line dated 30.01.2021 to the 2nd respondent seeking transfer of patta under Section 3 of the Tamil Nadu Patta Pass Book Act, 1983, but, the 2nd respondent had rejected the same without any reasons. Aggrieved by the same, he preferred an appeal dated 06.03.2021 u/s.12 of the Tamil Nadu Patta Pass Book Act, 1983, before the 1st respondent in person, but the 1st respondent has not passed any orders on the same. Therefore, he sent a copy of the above-said appeal before the 1st respondent on 04.08.2021, after receiving the same, he has not passed any orders. Hence this petition.

3. The learned counsel appearing for the petitioner submitted that the petitioner will be satisfied if a direction is issued to the first respondent herein to dispose of the petitioner's appeal dated 06.03.2021 on merits within the time frame fixed by this Court.

4. Having regard to the limited scope of the prayer, this Court is inclined to pass the following order:- The first respondent is hereby directed to dispose of the petitioiner's appeal dated 06.03.2021 filed by the petitioner within a period of six weeks from the date of receipt of a copy of this order.

5. Accordingly, the Writ Petition is disposed of. No costs. Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar gba To 1.

The Revenue Divisional Officer, Coimbatore North, Kavundampalayam, Coimbatore - 641 030.

2.

The Zonal Deputy Tahsildar, Annur Taluk, Coimbatore District.

+1cc to M/s.L.Mouli, Advocate, S.R.No.56509 W.P.NO.23399 OF 2021 JPL(CO) PBS/09/12/2021