China Alagi v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.01.2018 CORAM :

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN WP (MD) No.677 of 2018 China Alagi ... Petitioner Vs.

1. The District Collector, Dindigul, Dindigul District.

2. The District Revenue Officer, Dindgul District, Dindigul.

3. The Revenue Divisional Officer, Dindigul.

4. The Tahsildar, Dindigul East Taluk, Dindigul District.

... Respondents Petition filed under Article 226 Constitution of India to issue a Writ of Mandamus directing the respondents herein to consider the petitioner's representation dated 18.12.2017 and grant patta in her favour in respect of the property comprised in S.No.1835/ 3 A which is situated at Kambiliampatti Village, Kattupatti Post, Dindigul East Taluk, Dindigul District within the time stipulated by this Court.

For Petitioner : Mr.B.Jameel Arasu For Respondents : Mr.Aayiram K.Selvakumar Additional Government Pleader

ORDER

This writ petition has been filed seeking a direction to the respondents to consider the petitioner's representation dated 18.12.2017 and grant patta in her favour in respect of the property comprised in S.No.1835/3A, situated at Kambiliampatti Village, Kattupatti Post, Dindigul East Taluk, Dindigul District. https://hcservices.ecourts.gov.in/hcservices/ 2.Heard Mr.B.Jameel Arasu, learned counsel appearing for the petitioner and Mr.Aayiram K.Selvakumar learned Additional

Government Pleader for the respondents. By consent, the writ petition itself is taken up for final disposal at the stage of admission.

3.According to the petitioner, she is the owner of the property comprised in S.No.1835/3A, situated at Kambiliampatti Village, Kattupatti Post, Dindigul East Taluk, Dindigul District and without issuing notice to her, patta has been transferred in the name of third parties. Hence, she sent a representation dated 18.12.2017 to the respondents seeking to cancel the patta. Since the same has not been considered so far, this writ petition has been filed.

4.If at all the petitioner is aggrieved against the order transferring patta, she can very well file an appeal before the Revenue Divisional Officer and without filing any such statutory appeal, the petitioner cannot send a representation, seeking transfer of patta.

5.In the above circumstances, this writ petition is dismissed. However, the petitioner is directed to file regular appeal before the Revenue Divisional Officer with regard to transfer of patta in favour of third parties if she so advised. No costs.

Sd/- Assistant Registrar(CO) /True Copy/ Sub Assistant Registrar To

1. The District Collector, Dindigul,Dindigul District.

2. The District Revenue Officer, Dindgul District, Dindigul.

3. The Revenuve Divisional Officer, Dindigul.

4. The Tahsildar, Dindigul East Taluk, Dindigul District.

+ 1 cc TO Mr.B.Jameel Arasu , Advocate in SR No. 41994 mj AE/SKN RSK/SAR4/22.01.2018/2P/6C https://hcservices.ecourts.gov.in/hcservices/ WP(MD)No.677 of 2018 11.01.2018