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Madras High CourtWP/35008/2019disposed of

Elumalai, v. The Revenue Divisional Officer,

2021-08-23Honourable Mrs Justice V.Bhavani Subbaroyan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.08.2021

CORAM:

THE HON'BLE MRS.JUSTICE V.BHAVANI SUBBAROYAN W.P. NO.35008 OF 2019 Elumalai ... Petitioner -Vs1. The Revenue Divisional Officer, Villupuram, Villupuram District.

2. The Tahsildar, Villupuram Taluk, Villupuram District.

... Respondents PRAYER: This Petition is filed under Article 226 of the Constitution of India, praying for the issue a Writ of Mandamus, directing the second respondent to consider and dispose of the representation of the petitioner dated 23.09.2019 within a time frame to be fixed by this Hon'ble Court.

For Petitioner :: Mr.C.Munusamy (For R.Arundattan) For Respondents :: Mr.K.M.D.Muhilan (Government Advocate)

O R D E R

The relief sought for in this writ petition is for a direction the second respondent to consider and dispose of the representation of the petitioner dated 23.09.2019 within a time frame to be fixed by this Hon'ble Court.

2.The learned counsel for the petitioner would submit that the property in Survey Nos.392/1, 393/2, 170/2A situated in Kappur Village is the ancestral property of the petitioner. The father of the petitioner along with his second wife's son had alienated the ancestral property without allotting rightful share to the petitioner. Hence, the petitioner has filed the suit in O.S. No.09 of 2009 on the file of the Sub-Court, Villupuram and thereby the suit was decreed in favour of the petitioner. Subsequently, Final decree was also passed. Thereafter, E.P. No.71 of 2014 filed by me was ordered on 04.07.2015. While being so, the 2nd respondent has not issued patta in the name of petitioner. Hence, the petitioner has approached the 1st respondent by way of appeal seeking for transfer of patta as per the Final decree passed in O.S. No.09/2009.

After hearing all the parties concerned and perusing the revenue records, the first respondent has passed order dated 16.12.2019 vide PA. Mu.(A3)/3009/2018 directing the 2nd respondent to transfer the patta in the name of the petitioner for Survey Nos. 392/1, 393/2, 170/2A situated in Kappur Village. In pursuance of the aforesaid order, the petitioner has made representation to the second respondent to transfer the patta as per the order passed by the 1st respondent. Despite the petitioner has approached the 2nd respondent on several occasions and made several representations, no steps have been taken by the 2nd respondent in this regard.

3. It has further been submitted that the petitioner being a senior citizen aged about 67 years, is struggling for the transfer of patta in his favour even though several rounds of litigation are ended in his favour. Hence, this Court may be pleased to direct the 2nd respondent to consider the representation dated 23.09.2019 made by the petitioner herein within a time frame to be fixed by this Court.

4. The learned Government Advocate would submit that despite enquiry was conducted in February, 2020, the authority concerned has not passed any order on the application filed by the petitioner for the transfer of patta in his name.

5. On a perusal of the records, by order dated 19.12.2019 of this Court, the 1st respondent is directed to file report of the outcome in the enquiry as the learned Government Advocate submitted that enquiry on the applications dated 18.12.2019 made by the petitioner for transfer of patta has been fixed at 4.00 p.m. on 26.12.2019 before the 1st respondent and that notice would be issued to all concerned parties. On 03.02.2020, the Government pleader sought extension of time to comply with the aforesaid order dated 19.12.2019. Thereafter, on 02.08.2021, it was stated that enquiry was conducted in February, 2020. However, status of the enquiry has not been filed before this Court so far.

6. In view of the above, the 1st respondent is directed to pass appropriate orders on the representation made by the petitioner herein within a period of four weeks from the date of receipt of copy of this order after conducting enquiry within a period of two weeks from the date of receipt of copy of this order.

7. With the aforesaid directions, this Writ petition is disposed of. Consequently, connected miscellaneous petition is closed if any. There shall be no order as to costs. Sd/- Assistant Registrar(CS-V) // True Copy // Sub Assistant Registrar Lbm

To:

1. The Revenue Divisional Officer, Villupuram, Villupuram District.

2. The Tahsildar, Villupuram Taluk, Villupuram District.

+1cc to the Government Pleader, S.R.No.42308 W.P. No.35008 of 2019 SSV(CO) RLP(16/09/2021)