Poyyan Konar Alias v. The District Collector,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 14.02.2023

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI Poyyan Konar @ P.Kannuchamy ... Petitioner versus

1. The District Collector, Pudukkottai.

2. The District Revenue Divisional Officer, Office of the District Revenue Officer, Pudukkottai District.

3. The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Illuppur, Pudukkottai District.

4. The Tahsildar, Tahsildar Office, Illuppur Taluk, Pudukkottai District.

... Respondents 1/6

Writ Petition filed under Article 226 of the Constitution of India, seeking for the issuance of Writ of Mandamus, to direct the respondents herein to transfer the patta in the petitioner's name in accordance with the Judgment and decree passed in S.A.No.1495 of 1988 by this Court by considering the petitioner's representation dated 09.07.2015.

For Petitioner : Mr.B.Jameel Arasu For Respondents : Mr.T.Vilavan Kothai Additional Government Pleader

ORDER

The petitioner has filed this writ petition seeking a direction to the respondents to transfer the patta in his name, based on the Judgment and Decree passed in S.A.No.1495 of 1988 dated 09.07.2015.

2. Though the writ petition was filed in the year 2016, the respondents have not taken any action either to grant patta in the name of the petitioner nor filed any counter affidavit, assigning reasons for not granting patta in the name of the petitioner. 2/6

3. When this writ petition is taken up for hearing, the learned Additional Government Pleader made an oral submission that there is a confusion with regard to the name of the petitioner's father and therefore, there is difficulty in granting patta. However, the respondents will grant patta in the petitioner's name within four weeks.

4. This Court is not in a position to accept the contention made by the learned Additional Government Pleader.

5. The petitioner has filed this writ petition for grant of patta based on the Judgment and Decree passed in S.A.No.1495 of 1988 dated 09.07.2015. Though this writ petition was filed in the year 2016, the respondents have not taken any step to grant patta to the petitioner and even by producing the Judgment and Decree dated 09.07.2015 in S.A.No.1495 of 1988, the respondents have not taken any step for grant of patta and driven the petitioner to file this writ petition before this 3/6

Court.

6. Therefore, the writ petition is allowed with cost of Rs.10,000/- (Rupees ten thousand only), which has to be paid to the petitioner by the concerned officer, who is responsible for not granting patta. The District Collector, Pudukkottai, shall pay the cost to the petitioner and recover the same from the concerned officer, who is responsible for not granting patta.

7. The respondents are directed to grant patta in the name of the petitioner within a period of four weeks from the date of receipt of a copy of this order.

14.02.2023 ogy NCC : Yes / No.

Index : Yes / No.

Internet : Yes / No.

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To

1. The District Collector, Pudukkottai.

2. The District Revenue Divisional Officer, Office of the District Revenue Officer, Pudukkottai District.

3. The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Illuppur, Pudukkottai District.

4. The Tahsildar, Tahsildar Office, Illuppur Taluk, Pudukkottai District.

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B.PUGALENDHI, J.

ogy 14.02.2023 6/6