Madras High CourtWP(MD)/15955/2016dismissed

Mariammal, W/O.Rengasamy v. The Tahsildar

2016-09-06Honourable Mr Justice V. Bharathidasan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.09.2016

CORAM:

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN W.P.(MD)No.15955 of 2016 Mariammal ... Petitioner Vs.

1. The Tahsildar, Pudukottai & District.

2. Sathiyamoorthy ... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the first respondent to dispose of the petitioner's representation, dated 28.06.2016 within a reasonable time.

For Petitioner : Mr.N.Balakrishnan For R1 : Mr.R.Anandharaj Additional Govt. Pleader For R2 : Mr.S.Poornachandran

O R D E R

The writ petition has been filed seeking a direction to the first respondent to dispose of the petitioner's representation, dated 28.06.2016, within a reasonable time.

2. According to the petitioner, an extent of 16 ares in Survey No.289/4, Aathanakottai Village, Pudukottai Taluk and District and an extent of 0.17.0 ares in Survey No.289/6 belongs to her. The first respondent/Tahsildar, Pudukottai, without any enquiry, transferred the Patta in favour of the second respondent. In the above circumstances, she made a representation to the first respondent to re-transfer the same in her favour.

3. Heard the learned counsel for the petitioner, the learned Additional Government Pleader and the learned counsel appearing for the second respondent.

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4. Admittedly, the Tahsildar has passed an order transferring the Patta in favour of the second respondent, now only remedy open to the petitioner is to challenge the said order before the appropriate authority, in a manner known to law.

5. In view of the same, the present writ petition, seeking a direction to consider the representation of the petitioner, dated 28.06.2016, is not maintainable. Accordingly, the writ petition is dismissed. However, liberty is given to the petitioner to file an appeal before the appropriate authority, as per law, if he is so advised. The learned counsel for the petitioner submitted that the copy of the order passed by the first respondent has not served on the petitioner, hence, the first respondent is directed to serve the copy of the order transferring patta in favour of the second respondent to the petitioner within a period of two weeks from the date of receipt of the copy of this order. No costs.

Sd/- Assistant Registrar(P&A) /True copy/ Sub Assistant Registrar To The Tahsildar, Pudukottai & District.

+1 cc to M/s.S.Poorna Chandran, Advocate in SR.No.50856 +1 cc to The Special Government Pleader in SR.No.50576 akv CSL/GSV-PM/20.09.2016 :2P/4C W.P.(MD)No.15955 of 2016 06.09.2016 https://hcservices.ecourts.gov.in/hcservices/