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Madras High CourtWP/32417/2019closed

G.Sambath v. The District Collector,

2022-01-25Honourable Mr Justice G.K. Ilanthiraiyan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.01.2022

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN W.P. NO.32417 OF 2019 G.Sambath ... Petitioner -Vs1. The District Collector, O/o. District Collectorate, Villupuram District, Villupuram.

2. The Revenue Divisional Officer, Tindivanam, Tindivanam Taluk, Villupuram District.

3. The Tahsildar, Melmalayanur Taluk, Melmalayanur, Villupuram District.

4. The Firka Surveyor, O/o. Taluk Office, Melmalayanur, Melmalayanur Taluk, Villupuram District.

5. The Village Administrative Officer, Ethappattu Revenue Village, Melmalayanur Taluk, Villupuram District.

... Respondents Prayer :- Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, to direct the third respondent to dispose of petitioner patta transfer applications made online vide Applications No.2019/0103/07/196723 and 2019/0105/07/231419 dated 11.10.2019 and consequently issue patta in Survey Nos.255/9C - Acre 0.10 cent, 255/9D - Acre 0.10 Cent, 255/9E Acre 0.10 cent 255/8L -

Acre 0.05 Cent, 255/8K - Acre 0.04 Cent, 255/8I - Acre 0.06 Cent, 255/8G - Acre 0.01 Cent, 255/8H - Acre 0.01 Cent, 269/1 A Acre 0.40 Cent, 269/4A - Acre 0.56 Cent, 269/2A - Acre 0.26 Cent, 255/8A - Acre 0.00 1⁄4 Cent, 266/1D2 - Acre 0.08 Cent, 255/8J - Acre 0.07 Cent, 255/9A - Acre 0.12 Cent, 255/8F - Acre 0.06 Cent, 255/8A - Acre 0.00 1⁄4 Cent and 275/1A - 1668 Sq.ft., situated at Ganapathipuram Village, Karadikuppam Madura, Ethappattu Revenue Village, Melmalayanur Taluk, Villupuram District, in favour of the petitioner herein within a time fixed by this Court.

For Petitioner : Mr.N.Elumalai For Respondents: Mr.V.Jeevagiridharan Additional Government Pleader

ORDER

The Writ Petition has been filed to direct the third respondent to dispose of petitioner patta transfer applications made online vide Applications No.2019/0103/07/196723 and 2019/0105/07/231419 dated 11.10.2019 and consequently issue patta in respect of the land, situated at Ganapathipuram Village, Karadikuppam, Madura, Ethappattu Revenue Village, Melmalayanur Taluk, Villupuram District, in favour of the petitioner herein within a time fixed by this Court. 2.

Heard Mr.N.Elumalai, learned counsel appearing for the petitioner and Mr.V.Jeevagiridharan, learned Additional Government Pleader appearing for the respondents. 3.

The petitioner filed two online applications dated 11.10.2019, for transfer of patta and the same were forwarded to the third respondent for further action. On written instructions from the third respondent, the learned Additional Government Pleader submitted that the petitioner had submitted patta transfer applications for issuance of patta for the land situated in Survey Nos.255/9C, 255/9E, 255/9D, 255/8I, 255/8G, 255/8H, 269/1A, 269/4A, 255/8A, 255/8J, 255/9A, 255/8F and 255/8L vide TS.No.2019/0103/ 07/196723 and Survey Nos.255/8K, 269/2A, 269/1D2, 255/8A and 275/1A vide T.S.No.2019/0105/07/231419 dated 11.10.2019.

The said applications had been scrutinized and the statement of the petitioner was also recorded for consideration. Based on the above documents, except the land comprised in 255/8K and 275/1A, the transfer of patta in favour of the petitioner has been ordered by the Zonal Deputy Tahsildar, Melmalayanur, vide proceeding dated 21.11.2019 in TR.No.219/0103/07/196723TR. Due to lack of documentary evidence and statement furnished by the

petitioner in respect of S.Nos.255/8K and 275/1A, the patta transfer could not be done.

4.

Recording the said submission, the Writ Petition stands closed. However, the petitioner is at liberty to challenge the proceeding dated 21.11.2019 passed by the third respondent, in the manner known to law, if so advised. There shall be no order as to costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar rts To

1. The District Collector, O/o. District Collectorate, Villupuram District, Villupuram.

2. The Revenue Divisional Officer, Tindivanam, Tindivanam Taluk, Villupuram District.

3. The Tahsildar, Melmalayanur Taluk, Melmalayanur, Villupuram District.

4. The Firka Surveyor, O/o. Taluk Office, Melmalayanur, Melmalayanur Taluk, Villupuram District.

5. The Village Administrative Officer, Ethappattu Revenue Village, Melmalayanur Taluk, Villupuram District.

+1cc to Mr.N.Elumalai, Advocate, S.R.No.4340 +1cc to the Government Pleader, S.R.No.4927 W.P. No.32417 of 2019 SSN(CO) PM/10/02/2022