Kumar v. The Revenue Divisional Officer

W.P.(MD)No.25991 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.12.2019

CORAM

THE HONOURABLE MR.JUSTICE S.S.SUNDAR W.P.(MD)No.25991 of 2019 Kumar ... Petitioner vs.

1.The Revenue Divisional Officer, Aruppukottai, Virudhunagar District.

2.The Tahsildar, Taluk Office, Thiruchuli, Virudhunagar District.

3.Murugan ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, to direct the first respondent to expedite the patta transfer proceedings pertaining to the patta transfer appeal No.TR2150 of 2019 pending on the file of the first respondent and for other reliefs. For Petitioner : Mr.R.Murugan For Respondents : Mr.B.Bhagavathy 1&2 Government Advocate

O R D E R

This Writ Petition is filed for issuing a Writ of Mandamus to direct the first respondent to expedite the patta transfer proceedings pertaining to the patta transfer appeal No.TR2150 of 2019 pending on the file of the first respondent. 2.By consent of both parties, the Writ Petition is taken up for final disposal at the stage of admission itself. 3.It is stated that the petitioner purchased an extent of 11 acres of land by a registered document, dated 30.11.2018 and that his application for transfer of patta was forwarded through Sub Registrar. However, it is stated that patta had been wrongly issued to the third respondent without any notice to the petitioner. In the said circumstances, it is stated that the petitioner preferred an appeal petition before the first respondent and that it is pending.

4.Though the Writ Petition is filed for issuance of a Writ of Mandamus to give positive direction to the respondents, the learned https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.25991 of 2019 counsel for the petitioner would submit that the petitioner would be satisfied, if a direction is issued to the first respondent to consider the appeal preferred by the petitioner and pass appropriate order within the time stipulated by this Court 5.Having regard to the limited scope of prayer, that is now sought before this Court by the learned counsel for the petitioner, without expressing any opinion on the merits of the petitioner's case, this Court is inclined to pass the following direction:- "The first respondent is directed to consider the petitioner's patta transfer appeal No.TR2150 of 2019 and pass appropriate orders on merits and in accordance with law after hearing the petitioner as well as the third respondent or anyone, who is interested within a period of four months from the date of receipt of a copy of this order."

6.Accordingly, the Writ Petition is disposed of. No costs. Sd/- Assistant Registrar (CS-II) // True Copy // Sub Assistant Registrar(CS ) cmr To 1.The Revenue Divisional Officer, Aruppukottai, Virudhunagar District.

2.The Tahsildar, Taluk Office, Thiruchuli, Virudhunagar District.

+1 CC to MR.R.MURUGAN, Advocate ( SR-103878[F] dated 06/12/2019 ) +1 CC to SPL.GP ( SR-103966[F] dated 09/12/2019 ) W.P.(MD)No.25991 of 2019 06.12.2019 MK (31.12.2019) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2