Madras High CourtWP(MD)/27380/2022disposed of

Muthuvel v. The Tasildar

2022-12-02Honourable Mrs Justice V.Bhavani Subbaroyan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.12.2022

CORAM

THE HONOURABLE Mrs.JUSTICE V.BHAVANI SUBBAROYAN W.P. (MD) No.27380 of 2022 Muthuvel ... Petitioner Vs.

The Tahsildar, Taluk Office, Kalayarkoil Taluk, Sivagangai District.

... Respondent Prayer :- Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, to direct the respondent herein to comply with the proceedings of the District Revenue Officer, Sivagangai in B1R.P.No.10-2010, dated 28.11.2012, directing the respondent herein to issue transfer of patta in the name of the petitioner for Survey No.481/4, New Survey Nos.186/4A and 186/4C, Maravamangalam, Sivagangai Taluk and as per the representation of the petitioner. dated 03.10.2022. For Petitioner : Mr.S.Srinivasa Raghavan For Respondent : Mr.A.Kannan Additional Government Pleader

O R D E R

This Writ Petition has been filed for issuance of Writ of Mandamus, directing the respondent to comply with the proceedings of the District 1/4

Revenue Officer, Sivagangai in B1-R.P.No.10-2010, dated 28.11.2012 and to issue transfer of patta in the name of the petitioner for Survey No.481/4, New Survey Nos.186/4A and 186/4C, Maravamangalam, Sivagangai Taluk, as per the representation of the petitioner, dated 03.10.2022.

2. Heard Mr.S.Srinivasa Raghavan, learned counsel for the petitioner, Mr.A.Kannan, learned Additional Government Pleader, who takes notice for respondent. By consent of both the parties, this writ petition is taken up for final disposal at the admission stage itself.

3. The case of the petitioner is that the petition mentioned property belongs to him by way of a Will dated 01.09.1993, executed by one Sattamuthu. During UDR proceedings, Patta was erroneously transferred in the name of Kamalam. The District Revenue Officer, Sivagangai by proceedings dated 28.11.2012, directed the respondent herein to issue patta in favour of the petitioner by mutating the revenue records. But the same has not been complied with by the respondent. Hence, the petitioner has made a representation dated 03.10.2022, to the respondent seeking to issue patta in his name. Since no action has been taken by the respondent, the petitioner has filed the present writ petition with the aforesaid prayer. 2/4

4. The learned counsel appearing for the petitioner would submit that it would suffice to issue direction to the respondent to consider the petitioner's representation, dated 03.10.2022.

5. The learned Additional Government Pleader appearing for the respondent has no objection for such an order being passed by this Court.

6. Considering the above said submissions, this Court, without expressing any opinion on the merits of the matter, directs the respondent to consider the petitioner's representation dated 03.10.2022 and pass appropriate orders, on merits and in accordance with law, after verifying the documents, within a period of twelve weeks from the date of receipt of a copy of this order.

7. With the above direction, this Writ Petition is disposed of. No costs. Consequently, the connected Miscellaneous Petition is closed. 02.12.2022 Index : Yes/No Internet : Yes/No akv 3/4

V.BHAVANI SUBBAROYAN, J.

akv To The Tahsildar, Taluk Office, Kalayarkoil Taluk, Sivagangai District.

Order made in W.P.(MD) No.27380 of 2022 02.12.2022 4/4