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Madras High CourtWP(MD)/12781/2018disposed of

Sekku, v. The District Collector,

2018-06-14Honourable Mr Justice M. Govindaraj3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 14.06.2018

CORAM:

THE HONOURABLE MR.JUSTICE M.GOVINDARAJ W.P.(MD)No.12781 of 2018 Sekku : Petitioner Vs.

1. The District Collector,

2. The Revenue Divisional Officer, Devakottai,

3. The Tahsildar, Singampunari Taluk,

4. The Tahsildar, Thiruppathur Taluk, : Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the third respondent to grant patta in my favour in respect of Survey Nos.356/19A, 356/28, 358/14, 362/12, 276/10A, 273/8, 273/27, 274/114, 236/19, 273/7 and 270/10B, by implementing the proceedings of the second respondent dated 17.07.2014 and 02.12.2015 by considering the representation of the petitioner dated 23.04.2018.

For Petitioner : Mr.J.Anandkumar For Respondents : Mr.S.Nagarajan, Special Government Pleader ******

ORDER

The petitioner has come forward with the present Writ Petition seeking for issuance of a Writ of Mandamus, directing the third respondent to grant patta in favour of the petitioner in respect of Survey Nos.356/19A, 356/28, 358/14, 362/12, 276/10A, 273/8, 273/27, 274/114, 236/19, 273/7 and 270/10B, by implementing the proceedings of the second respondent dated 17.07.2014 and 02.12.2015 by considering the representation of the petitioner dated 23.04.2018.

2. Heard the learned counsel for the petitioner and Mr.S.Nagarajan, learned Special Government Pleader, who takes notice on behalf of the respondents.

3. By proceedings dated 17.07.2014 and 02.12.2015, the second respondent has ordered transfer of patta in the name of the petitioner and the proceedings were communicated to the fourth respondent, who, in turn, forwarded the same to the third respondent due to bifurcation. Thereafter, the petitioner has approached the third respondent for carrying out necessary mutations in the revenue records and to that effect, he has also made a representation dated 23.04.2018. However, no action has been taken so far. Hence, the Writ Petition.

4. In the case on hand, curiously, the transfer of patta was done by the second respondent bypassing the third and fourth respondents. In such circumstances, a direction is issued to the first respondent to forward the representation of the petitioner dated 23.04.2018 to the third and fourth respondents and consequently, the third and fourth respondents shall conduct enquiry with regard to the representation of the petitioner under notice to parties interested in the property and thereafter, pass appropriate orders. The petitioner is also directed to submit a copy of the representation dated 23.04.2018 and the orders passed by the second respondent before the third and fourth respondents for redressing his grievances. If the transaction is known to be genuine, the third and fourth respondents are directed to take appropriate action in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order.

5. The Writ Petition is disposed of with the above direction. No costs.

Sd/- Assistant Registrar /True Copy/ Sub Assistant Registrar To

1. The District Collector,

2. The Revenue Divisional Officer, Devakottai,

3. The Tahsildar, Singampunari Taluk,

4. The Tahsildar, Thiruppathur Taluk, +1cc to Mr.J.Anandkumar, Advocate Sr.No.68306 SML VB/SV/MMS/SAR1/29.06.2018/3P/6C Order made in W.P.(MD)No.12781 of 2018 Dated: 14.06.2018