C.Suriaprakash v. The Revenue Divisional Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.09.2024

CORAM:

THE HONOURABLE MS.JUSTICE P.T.ASHA C.Suriaprakash .. Petitioner Vs.

1.The Revenue Divisional Officer, Kodikurichi - Tenkasi Road, Tenkasi-627 814, Tenkasi District.

2.The Tahsildhar, Aalangulam Taluk, Tenkasi, Tenkasi District.

3.The Zonal Deputy Thasildhar, Aalangulam Taluk, Tenkasi, Tenkasi District.

.. Respondents Prayer: Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, directing the second respondent herein to conclude the enquiry and pass appropriate orders with respect to transfer of patta for the land in Survey No.363/1B,

Maarandhai Village, Aalangulam Circle, Tenkasi District within a specific time frame as may be fixed by this Court. For Petitioner :

Mr.T.Cibichakraborthy For Respondents :

Mr.B.Saravanan Additional Government Pleader

ORDER

The petitioner has filed this writ petition for a mandamus to the second respondent to conclude the enquiry and pass appropriate orders with respect to transfer of patta for the land in Survey No.363/1B of Maarandhai Village, Aalangulam Circle, Tenkasi District.

2. The case of the petitioner is that on the purchase of the property measuring 4.85 Hectares in S.Nos.363/1B, 364/1B and 364/3B of Maarandhai Village, Aalangulam Circle, Tenkasi District, on 15.03.2021, the petitioner has submitted an application for transfer of patta on the very same day. The third respondent by his proceedings dated 09.04.2021 had issued patta in respect of S.Nos.364/1B and 364/3B, however, not with respect to S.No.363/1B stating that an interruption

petition has been filed by one Isakki Pandi. On 17.01.2022, the petitioner had given a detailed representation to the second respondent seeking the issue of patta and on 14.02.2022, the petitioner and Isakki Pandi were directed to appear before the second respondent on 25.02.2022. On 25.02.2022, two of them had appeared before the second respondent. Further, once again the second respondent vide his proceedings dated 24.10.2023 directed the petitioner to appear for another enquiry on 08.11.2023 on which date, the petitioner also appeared and submitted his statements. However, no orders have been passed to date. Therefore, the writ petition.

3. Heard the learned counsel on either side.

4. Taking into account the fact that enquiry has already been concluded as early as on 25.02.2022 and once again on 08.11.2023, a mandamus is issued directing the second respondent to consider the issue of patta to the petitioner within a period of four weeks from the date of receipt of a copy of this order.

5. With the above direction, this Writ Petition is allowed. No costs.

30.09.2024 NCC : Yes/No Index : Yes/No Internet : Yes abr To 1.The Revenue Divisional Officer, Kodikurichi - Tenkasi Road, Tenkasi-627 814, Tenkasi District.

2.The Tahsildhar, Aalangulam Taluk, Tenkasi, Tenkasi District.

3.The Zonal Deputy Thasildhar, Aalangulam Taluk, Tenkasi, Tenkasi District.

P.T.ASHA, J.

abr Dated: 30.09.2024