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Madras High CourtWP(MD)/2356/2025disposed of

M.Murugesapandian v. The District Revenue Officer

2025-01-28Honourable Mrs Justice N. Mala6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.01.2025

CORAM

THE HONOURABLE MRS.JUSTICE N.MALA M.Murugesa Pandian, The General Secretary, Represented Semaputhur Nadar Uravin Murai Sangam, No.162, Pathrakali Amman Street, Semaputhur, Thoothukudi District.

... Petitioner Vs.

1.The District Revenue Officer, Office of District Revenue Officer, District Collectorate Campus, Thoothukudi District.

2.The Revenue Divisional Officer, Office of Revenue Divisional Officer, Kovilpatti, Thoothukudi.

3.The Tahsildar, Office of the Tahsildar, Ettaiyapuram, Thoothukudi District.

...Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, to consider the representation of the petitioner, dated 27.06.2024 in consonance with the provisions of the prevailing Act and to complete the enquiry with respect to Memo 1/6

No.Oo.Mu.A2/5993/2024, dated 16.07.2024 within the period as fixed by this Court.

For Petitioner : M/s.M.Muthu Kavitha For Mr.K.Muthu Ganesa Pandian For Respondents : Mr.R.Raghavendran Government Advocate

O R D E R

The writ petition has been filed for a direction to the respondents to consider the representation of the petitioner, dated 27.06.2024 in consonance with the provisions of the prevailing Act and to complete the enquiry with respect to Memo No.Oo.Mu.A2/5993/2024, dated 16.07.2024 within a time frame fixed by this Court.

2. With the consent of both parties, the writ petition is taken up for final disposal.

3. The subject property in old S.No.267/3 and new S.No.363, Semaputhur Village, Ettaiyapuram Jameen, Keelaeral, Thoothukudi District, belongs to the petitioner Sangam. As the petitioner Sangam came to know that the patta for the lands was not transferred in the name of the said Sangam, it approached the respondents in person and gave a representation along with relevant documents and registered sale deed of the subject property. Though the petitioner 2/6

submitted a representation as early as on 27.06.2024, to the respondents for transfer of patta but the same was not considered and therefore, the petitioner filed writ petition in W.P(MD)No.28795 of 2024, and this Court vide order, dated 02.12.2024, dismissed the writ petition as withdrawn, giving liberty to the petitioner to file a fresh writ petition after submitting a representation to the official respondents and after giving sufficient time to the official respondents to consider the same. In pursuance of the order passed by this Court on 02.12.2024, the petitioner submitted a representation on 14.12.2024 and even thereafter, no action was taken, the petitioner therefore filed the above writ petition for the aforesaid relief.

4. It is seen that in pursuance of the petitioner's representation for transfer of patta, dated 27.06.2024, the second respondent issued a communication to the third respondent to conduct enquiry on the petitioner's representation. Inspite of the second respondent's communication as early as on 16.07.2024, the third respondent did not initiate action and therefore, the petitioner sent another representation on 14.12.2024, in pursuance of the order passed by this Court in W.P(MD)No.28795 of 2024. Even thereafter, the third respondent did not initiate any action. Hence it is clear as crystal that the third respondent is not inclined to take any action on the petitioner's representation, dated 27.06.2024. 3/6

5. In the light of the fact that the petitioner's representation for transfer of patta has been kept pending by the third respondent for the past 6 months for no justifiable reasons, I am inclined to issue a direction to the third respondent to consider the petitioner's representation, dated 27.06.2024, by strictly following the procedure contemplated under Section 10 read with Rule 4 of the Tamil Nadu Patta Pass Book Act and Rules and pass orders on merits and in accordance with law. within a period of 12 weeks from the date of receipt of a copy of this order.

6. Accordingly, the writ petition stands disposed of with the above direction. No costs.

28.01.2025 NCC:yes/no Index:yes/no Internet:yes/no SN 4/6

To:

1.The District Revenue Officer, Office of District Revenue Officer, District Collectorate Campus, Thoothukudi District.

2.The Revenue Divisional Officer, Office of Revenue Divisional Officer, Kovilpatti, Thoothukudi.

3.The Tahsildar, Office of the Tahsildar, Ettaiyapuram, Thoothukudi District.

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N.MALA, J.

SN 28.01.2025 6/6