Chellasamy v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.02.2025
CORAM:
THE HONOURABLE MR JUSTICE P.B. BALAJI Chellasamy ... Petitioner Vs
1. The District Collector, Ramanathapuram.
2. The District Revenue Officer, Ramanathapuram.
3. The Revenue Divisional Officer, Kamuthi Taluk, Ramanathapuram District.
4. The Tahsildar, Vellangulam Village, Kaadamangalam Post, Kamuthi Taluk, Ramanathapuram District.
5. The Village Administrative Officer, Vellangulam Village, Kaadamangalam Post, Kamuthi Taluk, Ramanathapuram District.
... Respondents 1/6
P RAYER : Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to transfer the patta in the name of the petitioner for the subject property comprised in Survey No. 84/4B in Vellamangalam Village, Kaadamangalam Group, Kamuthi Taluk, Ramanathapuram District within a time frame stipulated by this Court.
For Petitioner : Mr.P.Praveenkumar For Respondents : Mr.S.Kameswaran Government Advocate
ORDER
The writ petitioner seeks issuance of a writ of Mandamus seeking a direction to the respondents to transfer patta in his name in respect of property comprised in Survey No. 84/4B in Vellamangalam Village, Kaadamangalam Group, Kamuthi Taluk, Ramanathapuram District.
2.By consent of both parties, the main Writ Petition is taken up for final disposal at the admission stage itself. 2/6
3.I have heard the learned counsel on either side and perused the materials placed before this Court.
4.The petitioner has purchased the subject lands in and by sale deed, dated 22.02.2011 and since the patta has been mutated in his vendor's name, the petitioner made an online application for mutation of patta in his name on 17.12.2024. According to the petitioner, the respondents have not passed any orders on the said application and therefore, the petitioner has made a further representation on 02.01.2025 and seeks for expeditious disposal of the said representation. 5.However, Mr.S.Kameswaran, learned Government Advocate would submit that the online application filed by the petitioner had been rejected, citing the pendency of a civil suit, on 12.02.2025. 6.It is also brought to my notice that the petitioner has already addressed a communication to the 3rd respondent / Revenue Divisional Officer, in view of the objections raised by the third parties. 3/6
7.The learned Government Advocate submitted that the matter is pending with the 3rd respondent and there is clarity with regard to the objection of the third parties and therefore, the 3rd respondent may be directed to pass orders on the petitioner's representation for issuance of patta.
8.Considering the submission made by the learned Government Advocate and in view of the fact that the petitioner has made an application for transfer of patta in his name on 05.01.2025 before the 3rd respondent, it would be suffice to direct the 3rd respondent to consider the petitioner's application for transfer of patta in his name, in accordance with law and after affording an opportunity of hearing to the petitioner, if required. The said exercise should be completed within a period of twelve weeks from the date of receipt of copy of this order. It is needless to state that any other interested parties shall also be put on notice before passing final orders.
4/6
9.In the above terms, this writ petition stands disposed of. No costs.
12.02.2025 Index : Yes / No NCC : Yes / No PNM TO:-
1. The District Collector, Ramanathapuram.
2. The District Revenue Officer, Ramanathapuram.
3. The Revenue Divisional Officer, Kamuthi Taluk, Ramanathapuram District.
4. The Tahsildar, Vellangulam Village, Kaadamangalam Post, Kamuthi Taluk, Ramanathapuram District.
5. The Village Administrative Officer, Vellangulam Village, Kaadamangalam Post, Kamuthi Taluk, Ramanathapuram District.
5/6
P.B. BALAJI , J.
PNM ORDER IN 12.02.2025 6/6