Rani v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 21.11.2024

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA W.P.No. 33826 of 2024 Rani

...Petitioner

Vs.

1.The District Collector Office of the Collector, Thiruvannamalai.

2.The District Revenue Officer Collectorate, Thiruvannamalai.

3.The Revenue Divisional Officer Office of RDO, Thiruvannamalai.

4.The Thasildar Office of the Thasildar, Thandrampattu Taluk, Thiruvannamalai.

...Respondents

1/6

Prayer: Writ Petition is filed under Article 226 to issue a Writ of Mandamus, directing the 3rd respondent to dispose the petitioner's appeal dated 13.03.2024 pending on the file of the 3rd respondent preferred against the impugned order passed by the 4th respondent in Na.Ka. No.B1/1458/20217 dated 15.05.2023.

For Petitioner :

Mr. S.Arokia Mani Raj For Respondents :

Mr. A.Selvendran Special Government Pleader.

O R D E R

The Writ Petition has been filed for the following relief: "To direct the 3rd respondent to dispose of the petitioner's appeal dated 13.03.2024 pending on the file of the 3rd respondent preferred against the impugned order passed by the 4th respondent in Na.Ka. No.B1/1458/20217 dated 15.05.2023 and dispose of the same"

2. It is the case of the petitioner that an extent of 0.03 cents 2/6

(3,230 sq.ft.,) in Plot No.37 comprised in S.No.111, situate in Agaram Pallipattu Village, Thandrampattu Sub-Division, Thangarampattu Taluk, Thiruvannamalai District, was assigned to one Naduthaiyi, wife of Lakshmanan, who is none else than the mother of the petitioner, by way of Natham Patta No.H.S.60/98 issued by the 4th respondent in favour of the petitioner's mother. From the date of the assignment, the petitioner and her family has been enjoying the same.

3. The petitioner's mother sold the property to the petitioner under a registered sale deed dated 18.02.2015. On 16.08.2021, the petitioner had sought for the transfer of patta in her name from that of her mother. The same was not considered. Therefore, the petitioner filed W.P.No.3412 of 2023 on the file of this Court for a direction to the 4th respondent to pass order on the application. The said Writ Petition was also ordered and the 4th respondent was directed to take action.

4. Pursuant to the order of this Court, the 4th respondent passed an 3/6

order with reference to the some other survey number and not S.No.111, for which the application had been made. Therefore, the petitioner preferred an appeal before the 3rd respondent on 13.03.2024. It is yet to be disposed of. Therefore, the petitioner is before this Court.

5. Considering the fact that an appeal has been filed on 13.03.2024, for which there has been no further orders from the respondents to date, mandamus is issued directing the 3rd respondent to dispose of the appeal, within a period of 1 month from the date of receipt of a copy of this order. The 3rd respondent shall bear in mind the fact that the petitioner's mother has been issued patta with reference to the lands comprised in S.No.111 and the petition on the basis of the sale in her favour is seeking a transfer.

6. The Writ Petition is allowed. No costs.

21.11.2024 4/6

Index : Yes/No Internet : Yes/No kan To 1.The District Collector Office of the Collector, Thiruvannamalai.

2.The District Revenue Officer Collectorate, Thiruvannamalai.

3.The Revenue Divisional Officer Office of RDO, Thiruvannamalai.

4.The Thasildar Office of the Thasildar, Thandrampattu Taluk, Thiruvannamalai.

P.T. ASHA, J, kan 5/6

W.P.No. 33826 of 2024 21.11.2024 6/6