Sivasankaran.A v. The Thasildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.04.2022

CORAM

THE HONOURABLE MR. JUSTICE ABDUL QUDDHOSE A.Sivasankaran ... Petitioner Vs.

1.The Tahsildar, Madurai South Taluk, Madurai Collectorate, Madurai.

2.The Zonal Deputy Tahsildar, Madurai South Taluk, Madurai Collectorate, Madurai.

3.The Village Administrative Officer, Ramankulam, Postal Training Center Post Office, Madurai South Taluk, Madurai District.

4.Muthuvel 5.Mayalagan

...Respondents

Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents 1 to 3 restraining the transfer of the revenue patta No.418 of Ramankulam Village, Madurai South Taluk, Madurai District from the fourth respondent to the fifth respondent based on petitioner's representation dated 06.03.2022. For Petitioner : Mr.V.Baskaran For R-1 to R-3 : Mr.D.Sasikumar, Additional Government Pleader.

ORDER

This Writ Petition has been filed for a Mandamus seeking for a direction to the respondents 1 to 3 to restrain the transfer of revenue Patta No.418 of Ramankulam Village, Madurai South Taluk, Madurai District from the name of the fourth respondent to the fifth respondent based on the petitioner's representation dated 06.03.2022 within a time frame to be fixed by this Court. 1/3

2. According to the petitioner, pursuant to the grant of power of attorney in his favour, he has sold the aforementioned property to various parties. According to the petitioner, the fourth respondent is now illegally attempting to transfer the patta in favour of the fifth respondent based on a fraudulent sale deed. In such circumstances, he has submitted an objection petition on 06.03.2022 to the official respondents to forbear them from transferring the patta from the name of the fourth respondent to the fifth respondent. Since the said objection petition has not been considered till date, the petitioner has filed this Writ Petition.

3. Heard Mr.V.Baskaran, learned counsel for the petitioner and Mr.D.Sasikumar, learned Additional Government Pleader, who accepts notice on behalf of the respondents 1 to 3.

4. The petitioner has filed documents along with the Writ Petition to substantiate his case. It is for the respondents to consider the same on merits and in accordance with law.

5. No prejudice would be caused to the respondents, if the petitioner's objection petition is considered on merits and in accordance with law.

6. For the foregoing reasons, this Court directs the first respondent to consider the objection petition submitted by the petitioner dated 06.03.2022 requesting the respondents not to transfer revenue Patta No.418 of Ramankulam Village, Madurai South Taluk, Madurai District from the name of the fourth respondent to the fifth respondent and pass final orders on merits and in accordance with law after affording a fair hearing to the petitioner and the respondents 4 and 5 and any other necessary party, whom the first respondent deems fit to enquire. The first respondent shall pass final orders within a period of twelve (12) weeks from the date of receipt of a copy of this order.

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

Sd/- Assistant Registrar (CS-III) // True Copy // / /2022 Sub Assistant Registrar(CS) Lm 2/3

To 1.The Tahsildar, Madurai South Taluk, Madurai Collectorate, Madurai.

2.The Zonal Deputy Tahsildar, Madurai South Taluk, Madurai Collectorate, Madurai.

3.The Village Administrative Officer, Ramankulam, Postal Training Center Post Office, Madurai South Taluk, Madurai District.

+1 CC to M/s.SPL.GP ( SR-21043[F] dated 25/04/2022 ) 22.04.2022 SS(CO) GC(09.05.2022) 3P 5C 3/3