Muthukaruppan v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.06.2025

CORAM:

THE HONOURABLE MR.JUSTICE S.SOUNTHAR 1.Muthukaruppan 2.Periyanayagi 3.Prema ...

Petitioners Vs 1 The District Collector, Sivagangai District.

2 The Sub Collector / Revenue Divisional Officer, Revenue Divisional Office, Devakottai .

3 The Tahsildar, Tahsildar Office, Karaikudi Taluk, Sivagangai District.

4 Alagiya Devi ...

Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, praying for issuance of a writ of mandamus, directing the 2nd Respondent

herein to hear and dispose of the appeal by way of representation, dated 19.04.2025, ( sent on 20.04.2025), filed by the petitioners under section 12 of the Tamil Nadu Patta Pass Book Act, 1983, as against the order of the 3rd respondent in his proceedings in Na.Ka.AA2/5111/2024, dated 27.03.2025, with respect to the properties in T.S.No.100, New T.S.No.100/2, to an extent of 1605.18 sq.mt. in Block No.2, Ward No.2, in Alagappan Ambalam Street, Kalanivasal, Karaikudi Town and Taluk, Sivagangai District. For Petitioners :

Mr.S.Vashik Ali For Respondents 1 to 3 : Mr.M.Gangatharan, Govt. Advocate.

ORDER

The petitioner herein seeks a direction to second respondent to dispose of the appeal filed by them on 19.04.2025 ( sent on 20.04.2025), challenging the order passed by third respondent.

2. Heard Mr.S.Vashik Ali, learned counsel for the petitioner; and Mr.M.Gangatharan, learned Government Advocate, for respondents 1 to 3. Since no adverse orders are passed against fourth respondent, notice to her is dispensed with. With the consent of both the counsel, the Writ Petition is taken up for final disposal at the stage of admission.

3. It is the case of the petitioner that they filed an application before third respondent, seeking transfer of patta in their names. The said application was rejected by third respondent. Aggrieved by the same, the petitioners preferred an appeal before second respondent on 19.04.2025 and the same was sent by registered post on 20.04.2025. The said appeal has not been considered till-date. Hence, the petitioners have come before this Court.

4. Learned Government Advocate would submit that second respondent fixed the date of hearing as 18.06.2025, for consideration of the appeal.

5. In view of the same, without expressing any opinion on the merits of the matter, second respondent is directed to consider the appeal of the petitioners, dated 19.04.2025, and pass final orders on its own merits within a period of twelve weeks from the date of receipt of copy of this order, after issuing notice to the petitioners and the private respondent.

6. Writ Petition is disposed of accordingly. No costs. 13.06.2025 NCC :

Yes / No (1/2) Index :

Yes / No Internet :

Yes / No dixit

To:

1 The District Collector, Sivagangai District.

2 The Sub Collector / Revenue Divisional Officer, Revenue Divisional Office, Devakottai .

3 The Tahsildar, Tahsildar Office, Karaikudi Taluk, Sivagangai District.

S.SOUNTHAR, J.

dixit (1/2) 13.06.2025