Madras High CourtWP(MD)/4513/2022disposed of

Rahima Kani .U v. The Revenue Divisional Officer

2022-03-14Honourable Mr Justice Abdul Quddhose2 pages

W.P.(MD)No.4513 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.03.2022

CORAM

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE W.P.(MD)No.4513 of 2022 U.Rahima Kani ... Petitioner vs.

1.The Revenue Divisional Officer, Paramakudi, Ramanathapuram District.

2.The Tahsildar, Paramakudi Taluk, Ramanathapuram District. ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, to direct the respondents to conduct an enquiry based on the representation of the petitioner dated 20.12.2021 and transfer the patta in the name of the petitioner in respect of the property bearing S.No.186/1, in Vendhoni Village, Paramakudi Taluk, Ramanathapuram District. For Petitioner :Mr.K.Vinoharan For Respondents :Mr.D.Sasikumar Additional Government Pleader *****

O R D E R

This Writ Petition has been filed for a Mandamus seeking for a direction to the respondents to conduct an enquiry based on the representation of the petitioner dated 20.12.2021 requesting for transfer of patta in the name of the petitioner in respect of the property bearing S.No.186/1, in Vendhoni Village, Paramakudi Taluk, Ramanathapuram District, within a time frame to be fixed by this Court.

2.The petitioner seeks for transfer of patta for the aforementioned property. The petitioner has given a representation to the first respondent for the same. Since the said representation has not been considered till date, she has filed this Writ Petition. 3.Heard Mr.K.Vinodharan, learned Counsel for the petitioner and Mr.D.Sasikumar, learned Additional Government Pleader, who takes notice on behalf of the respondent.

4.Mr.D.Sasikumar, learned Additional Government Pleader, on instructions, would submit that subsequent to the UDR survey, the representation of the petitioner for transfer of patta will have to be submitted to the District Revenue Officer and not to the Revenue Divisional Officer, as done by the petitioner in the instant case. https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.4513 of 2022 5.The learned Counsel for the petitioner would now submit that the petitioner is willing to submit a fresh representation to the District Revenue Officer, Ramanathapuram District and the same is also recorded.

6.The learned Additional Government Pleader would submit that on receipt of the said application, the District Revenue Officer, Ramanathapuram will consider the same on merits and in accordance with law.

7.Accordingly, this Court directs the petitioner to submit a fresh representation to the District Revenue Officer, Ramanathapuram, seeking for transfer of patta in her name for the property bearing S.No.186/1, in Vendhoni Village, Paramakudi Taluk, Ramanathapuram District, within a period of two weeks from the date of receipt of a copy of this order. On receipt of the same, the District Revenue Officer, Ramanathapuram, is directed to pass final orders on merits and in accordance with law after affording a fair hearing to the petitioner and other rival claimants, if any, within a period of twelve weeks thereafter.

8.With the aforesaid directions, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar(AE) // True Copy // / /2022 Sub Assistant Registrar(CS) cmr To 1.The Revenue Divisional Officer, Paramakudi, Ramanathapuram District.

2.The Tahsildar, Paramakudi Taluk, Ramanathapuram District.

3.The District Revenue Officer, Ramanathapuram. +1 CC to M/s.G.PRABHU RAJADURAI, Advocate ( SR-12117[F] dated 15/03/2022 ) +1 CC to M/s.SPL GP ( SR-12173[F] dated 15/03/2022 ) Order made in W.P.(MD)No.4513 of 2022 14.03.2022 ck(CO) TR(24.03.2022) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2