Shanmugaiya P v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.12.2024

CORAM

THE HON'BLE MRS.JUSTICE N.MALA P.Shanmugaiya : Petitioner Vs.

1.The District Collector, Thoothukudi, Thoothukudi District.

2.The District Revenue Officer, Thoothukudi, Thoothukudi District.

3.The Revenue Divisional Officer, Kovilpatti, Thoothukudi District.

4.The Thasildar, Kovilpatti, Thoothukudi District.

: Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for a Writ of Mandamus, directing the respondents 1 to 4 to pass orders on the petitioner's application bearing number 1/6

2021/9005/28/980454/0624 dated 24.06.2024, seeking to issue patta in the name of the petitioner in respect of Survey No.511/3 (now sub divided as 510/1B and 510/3) situated in Pandavarmangalam Village, Kovilpatti Taluk, Thoothukudi District within a time frame fixed by this Court.

For Petitioner : Mr.RJ.Karthick For Respondents 1 to 4 : Mr.A.Kannan Additional Government Pleader

O R D E R

This Writ Petition has been filed for a Writ of Mandamus, to direct the respondents 1 to 4 to pass orders on the petitioner's application bearing number 2021/9005/28/980454/0624 dated 24.06.2024, seeking to issue patta in the name of the petitioner in respect of Survey No.511/3 (now sub divided as 510/1B and 510/3) situated in Pandavarmangalam Village, Kovilpatti Taluk, Thoothukudi District.

2.The property in Survey No.511/3 (now sub divided as 510/1B and 510/3) situated in Pandavarmangalam Village, Kovilpatti Taluk, Thoothukudi District, measuring 3 acre 65 cents originally belonged to the petitioner's grandfather. Patta No.336 was also issued in favour of the petitioner's grandfather. The petitioner along with other legal heirs were declared as the legal heirs of the deceased grandfather in O.S.No.42/2012, on the file of the District 2/6

Munsif Court, Kovilpatti. While so, the other legal heirs executed a release deed in favour of the petitioner on 05.04.2018. After the subdivision of the subject property, the patta was wrongly issued in the name of one Yellaiappan and Ayyammal. Hence, the petitioner gave an online representation on 24.06.2021 to the fourth respondent to transfer the patta in his name and the other legal heirs of his grandfather. As the fourth respondent did not act on the petitioner's online application, the petitioner sent a representation dated 16.09.2022 to the third respondent and even thereafter, no action was taken on the petitioner's application. The petitioner therefore, filed the above writ petition with the aforesaid prayer. 3.Heard the learned Counsel on either side.

4.Under the facts and circumstances of the case and considering that the petitioner's application for transfer of patta is kept pending since 24.06.2021, I am inclined to direct the fourth respondent to conduct the enquiry and pass orders on the petitioner's online application for transfer of patta dated 24.06.2021, on merits and in accordance with law within a period of twelve [12] weeks from the date of receipt of a copy of this order. 3/6

5.With the above direction, this Writ Petition stands disposed of. There shall be no order as to costs. 02.12.2024 Index :Yes / No Internet : Yes / No NCC : Yes/No MR 4/6

To 1.The District Collector, Thoothukudi, Thoothukudi District.

2.The District Revenue Officer, Thoothukudi, Thoothukudi District.

3.The Revenue Divisional Officer, Kovilpatti, Thoothukudi District.

4.The Thasildar, Kovilpatti, Thoothukudi District.

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N.MALA , J.

MR 02.12.2024 6/6