Ramamoorthy.S v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.03.2022

CORAM:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE S.Ramamoorthy ... Petitioner /Vs./ 1.The District Collector, Dindigul District, Dindigul.

2. The Tahsildar, Dindigul East Taluk, Dindigul.

... Respondents P RAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus to direct the 2nd respondent to effect Patta Transfer in favour of the petitioner for property bearing S.F.Nos.311/4C, 311/4B, 311/4E, 311/4D, 311/3B, and 311/4F situated at Mullipadi Village, Dindigul East Taluk, Dindigul District having extent of 1 acre by considering the petitioner's representation dated 21.12.2021 in light of Patta Transfer Online Application in No.2021/1003/13/162059 dated 09.08.2021 and No.2021/0103/13/176897 dated 17.11.2021.

For Petitioner : Ms.Arul Jenifer For Respondents : Mr.D.Sasikumar Additional Government Pleader

ORDER

This writ petition has been filed for a Mandamus seeking for a direction to the 2nd respondent to effect Patta Transfer in favour of the petitioner for the properties bearing S.F.Nos.311/4C, 311/4B, 311/4E, 311/4D, 311/3B, and 311/4F situated at Mullipadi Village, Dindigul East Taluk, Dindigul District, measuring an extent of 1 acre, based on the petitioner's representation dated 21.12.2021 and in light of Patta Transfer Online Applications in No.2021/1003/13/162059 dated 09.08.2021 and No.2021/0103/13/176897 dated 17.11.2021, and pass orders within a time frame to be fixed by this Court.

2.It is the case of the petitioner that he purchased the 1/3

aforementioned properties under sale deed dated 01.04.2013 registered as Document No.748/2013. It is also the case of the petitioner that patta stands in the name of his vendor. He has submitted online applications dated 09.08.2021 and 17.11.2021 seeking for transfer of patta in his name. Since the said applications have not been considered till date, he has filed this writ petition.

3.Heard Ms.Arul Jenifer, learned Counsel for the writ petitioner and Mr.D.Sasikumar, learned Additional Government Pleader who accepts notice on behalf of the respondents. 4.The petitioner has produced a copy of the sale deed executed in his name for the aforementioned properties, for which the petitioner seeks transfer of patta in his name. A copy of the patta in favour of the petitioner's vendor has also been filed along with this writ petition.

5.No prejudice would be caused to the respondents, if the applications of the petitioner seeking for issuance of transfer of patta in his name are considered on merits and in accordance with law, after affording a fair hearing to the petitioner as well as the rival claimants, if any as well as any other necessary party, whom the second respondent deems fit to enquire.

6.Accordingly, this Court directs the second respondent to consider the petitioner's applications seeking for transfer of patta in his name for the properties bearing S.F.Nos.311/4C, 311/4B, 311/4E, 311/4D, 311/3B, and 311/4F situated at Mullipadi Village, Dindigul East Taluk, Dindigul District, measuring an extent of 1 acre, and pass final orders after affording a fair hearing to the petitioner as well as the rival claimants, if any, as well as any other necessary party, whom the second respondent deems fit to enquire, within a period of twelve [12] weeks from the date of receipt of a copy of this order.

7.With the above direction, this Writ Petition stands disposed of. There shall be no order as to costs.

Sd/- Assistant Registrar (T&P) // True Copy // / /2022 Sub Assistant Registrar(CS) sm 2/3

To 1.The District Collector, Dindigul District, Dindigul.

2. The Tahsildar, Dindigul East Taluk, Dindigul.

+1 CC to M/s.SPL GP ( SR-12697[F] dated 17/03/2022 ) order made in 16.03.2022 PKP/28.03.2022/3P/4C 3/3