N.Vellaiyan v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.08.2024

CORAM

THE HONOURABLE MR.JUSTICE S.SOUNTHAR and WMP No.26129 of 2024 N.Vellaiyan ... Petitioner vs.

1. The District Collector, Dharmapuri District, Dharmapuri.

2. The Revenue Divisional Officer, Harur, Dharmapuri District.

3. The Tahsildar, Pappireddipatti Taluk, Dharmapuri District.

4. N.Theerthagiri

5. N.Vengadasalapathy

6. T.Thennarasu ... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records relating to impugned order passed by the 3rd respondent in files No. 1/5

2024/ 0103/ 05/ 248627 dated 24.01.2024 and No. 2024/ 0103/ 05/ 249887 dated 02.02.2024 and to quash the same consequently direct the 3rd respondent to Transfer Patta in favor of the Petitioner based on the application for Patta transfer relating to the Survey No. 461/7A situated at Chinthalpadi, Vaguthupatti Village, Pappireddipatti Taluk, Dharmapuri District within a stipulated time.

For Petitioner : Mr.C.Prabakaran For Respondents : Mr.A.Selvendran (for R1 to R3) Special Government Pleader

O R D E R

Aggrieved by the order passed by the 3rd respondent rejecting the online application filed by the petitioner seeking transfer of patta in respect of the land situated in Survey No.461/7A, situated at Chinthalpadi, Vaguthupatti Village, Pappireddipatti Taluk, Dharmapuri District, the petitioner has come by way of this Writ Petition.

2. The learned counsel for the petitioner submitted that the application of the petitioner for transfer of patta was rejected by one-line non-speaking order passed by the 3rd respondent.

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3. Mr.A.Selvendran, learned Special Government Pleader, who is taking notice for the respondents 1 to 3, would submit that the 3rd respondent passed a speaking order rejecting the request of the petitioner on the ground that a civil suit is pending.

4. The learned counsel for the petitioner submitted that no civil suit is pending in respect of the above mentioned land and the reasoning allegedly assigned by the 3rd respondent is not correct.

5. The present writ petition is filed based on the online entry in the website of the revenue department mentioning the rejection of the online application field by the petitioner seeking transfer of patta. It is stated by the learned Special Government Pleader that the detailed order passed by the 3rd respondent would be communicated to the petitioner.

6. In view of the same, the 3rd respondent is directed to communicate the detailed order to the petitioner within a period of two weeks from the date of receipt of a copy of this order. On receipt of the detailed order, it is 3/5

open to the petitioner to challenge the same in the manner known to law, by filing an appeal before the 2nd respondent.

7. With this observation, the Writ Petition stands disposed of. No Costs. Consequently, the connected Writ Miscellaneous Petition is closed. 20.08.2024 Index : Yes/No Speaking order:Yes/No ars To

1. The District Collector, Dharmapuri District, Dharmapuri.

2. The Revenue Divisional Officer, Harur, Dharmapuri District.

3. The Tahsildar, Pappireddipatti Taluk, Dharmapuri District.

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S.SOUNTHAR, J.

ars 20.08.2024 5/5