K.Sujatha v. The District Revenue Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.12.2022 CORAM :

THE HONOURABLE MR.JUSTICE R.SURESH KUMAR Writ Petition Nos.34064 & 34069 of 2022 K.Sujatha ... Petitioner in W.P.No.34064/2022 M.Thilagavathy

...Petitioner in W.P.No.34069/2022

-Vs1. The District Revenue Officer, Tiruvallur.

2. The Revenue Divisional Officer, Kasinathapuram, Tiruttani, Tiruvallur District.

3. The Tahsildar, Tiruttani, Tiruvallur District.

... Respondents in both W.Ps.

Common Prayer : Writ Petitions under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the respondents to transfer patta in respect of Survey No.169/18 of Kalambakkam Village, Tiruttani Taluk, Tiruvallur District measuring an extent 0.15 acres and 0.32 acres respectively in the petitioner name within stipulated period of time as fixed by this Court considering the representation dated 28.08.2020.

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For Petitioner [in both W.Ps.] : Mr.R.Ezhilarasan For Respondents : Mr.Yogesh Kannadasan Special Government Pleader COMMON ORDER The issue raised in both the writ petitions since is one and the same, this Court after getting consent of both sides is inclined to dispose of these writ petitions with this common order.

2. In respect of the property at S.No.169/18 at Kalambakkam Village, Tiruttani Taluk, Tiruvallur District, it was originally belongs to one Ponnusamy, from whom both the petitioners purchased the properties for a separate extent sometime in 2014.

3. Thereafter, when they applied for patta, they came to know that after the UDR survey, the patta has been wrongly issued to one Murugesan.

4. The said Murugesan is nothing to do with the property and he is an adjacent land owner of the petitioners and the UDR patta has been wrongly issued in his name and the said Murugesan since is no more, 2/6

realizing this factor, his son one Anandan has given No Objection that patta can be transferred in the name of the petitioners, who are the original land owners of the property in question. With these strength of documents, the petitioners made representation on 28.09.2020 to the third respondent and subsequently an on-line application has also been given by these petitioners to the third respondent for transfer of patta in the name of the petitioners for the respective extent of the properties as referred to above, since the same have not been considered, they approached this Court by filing the present writ petitions.

5. Heard Mr.R.Ezhilarasan, learned counsel appearing for the petitioners and Mr.Yogesh Kannadasan, learned Special Government Pleader appearing for the respondents.

6. Learned Special Government Pleader appearing for the respondents would submit that insofar as the representations given by the petitioners followed by the on-line application given by them is concerned, the same would be considered by the third respondent and the needful would be undertaken by the third respondent within a shortest 3/6

possible time that may be stipulated by this Court.

7. Considering the said factual matrix of the case as projected by both sides and having regard to the said stand taken by the learned Special Government Pleader appearing for the respondents, this Court is inclined to dispose of these writ petitions with the following order: That there shall be a direction to the third respondent Tahsildar, Tiruvallur District to take up necessary action on the representations given by the petitioners individually in respect of transfer of patta and issuance of patta in their names with regard to the property in question and decide the same and pass orders thereon on merits and in accordance with law within a period of four(4) weeks from the date of receipt of a copy of this order.

With these directions, these writ petitions are disposed of. No costs.

20.12.2022 Index : Yes/No mp 4/6

To

1. The District Revenue Officer, Tiruvallur.

2. The Revenue Divisional Officer, Kasinathapuram, Tiruttani, Tiruvallur District.

3. The Tahsildar, Tiruttani, Tiruvallur District.

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R. SURESH KUMAR, J.

mp Writ Petition Nos.34064 & 34069 of 2022 20.12.2022 6/6