Madras High CourtWP(MD)/30006/2024disposed of

Chinnaponnu v. The District Revenue Officer

2024-12-13Honourable Mrs Justice N. Mala5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 13/12/2024

CORAM

THE HONOURABLE MRS.JUSTICE N.MALA and WMP(MD)No.25262 of 2024 Chinnaponnu ... Petitioner Vs.

1. The District Revenue Officer, Collectorate Campus,Dindigul District.

2. The Revenue Divisional Officer, Kambiliampatti, Dindigul East Taluk,Dindigul District.

3. The Tahsildar, Taluk Office, Dindigul East Taluk, Dindigul District.

4. Chittammal

5. Vellaiyammal

6. Andiammal

7. Chinnasamy

8. Ganesan ... Respondents PRAYER :- Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents 1 and 3 to transfer the joint patta No. 2194 and issue separate patta in the name of the petitioner in respect of the property comprised in Survey No. 393/1D1A1 an extent of 41 cents situated at Senkurichi Village, Dindigul East Taluk, Dindigul District on the basis 1/5

of the petitioner's representation dated 13.09.2024. For Petitioner : Mr.N.Balasubramanian For R1 to R3 : Mr.R.Raghavendran Government Advocate

ORDER

This writ petition is filed for issuance of writ of mandamus directing the respondents 1 and 3 to transfer the joint patta No. 2194 and issue separate patta in the name of the petitioner in respect of the property comprised in Survey No. 393/1D1A1 to an extent of 41 cents in Senkurichi Village, Dindigul East Taluk, Dindigul District, on the basis of the petitioner's representation dated 13.09.2024.

2. The petitioner purchased the aforesaid property under a sale deed dated 21.05.2015 in Doc. No.504/2015. The petitioner states that ever since the purchase, he was in continuous and peaceful possession and enjoyment of the said property without any let or hindrance by any party. While so, the fourth respondent tried to interfere with the petitioner's peaceful possession and enjoyment by creating encumbrance over the property and tried to get separate patta in his name. The petitioner filed an application for transfer of patta in his name through 2/5

online on 20.06.2024. As no action was taken on the petitioner's online application, the petitioner submitted a representation to the respondents on 13.09.2024. As no action was taken even thereafter, the petitioner filed the above writ petition for the aforesaid relief.

3. The learned counsel for the petitioner submits that the petitioner filed an online application for transfer of patta in his name for the subject property as early as on 20.06.2024, and in spite of his representation dated 13.09.2024, the respondents did not initiate any action on the petitioner's online application. It is seen that the petitioner's application is kept pending since 20.06.2024 without any action and therefore I am inclined to issue a direction. Accordingly, the respondents 1 and 2 are directed to dispose of the petitioner's online application dated 20.06.2024 on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order. Needless to state that the respondents shall scrupulously follow the provisions of the Patta Passbook Act, 1983 and the Rules.

3/5

4. With the above direction, this writ petition is disposed. No costs. Consequently, connected miscellaneous petition is closed. 13.12.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No Cm TO,

1. The District Revenue Officer, Collectorate Campus, Dindigul District..

2. The Revenue Divisional Officer, Kambiliampatti, Dindigul East Taluk, Dindigul District..

3. The Tahsildar, Taluk Office, Dindigul East Taluk, Dindigul District..

4/5

N.MALA,J CM

ORDER

IN WP(MD) No.30006 of 2024 and WMP(MD)No.25262 of 2024 Date : 13/12/2024 5/5