Madras High Court
S.Kathiresan vs The District Collector on 27 August, 2021
W.P.No.18027 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 27.08.2021
CORAM:
THE HONOURABLE Mrs. JUSTICE V. BHAVANI SUBBAROYAN
W.P. No. 18027 of 2021
S.Kathiresan .. Petitioner
Versus
1.The District Collector,
Salem District,
Salem.
2.The Revenue Divisional Officer,
Sankari,
Salem District.
3.The Tahsildar,
Sankari Taluk,
Salem District. .. Respondents
Writ Petition filed under Article 226 of the Constitution of India, praying
to issue a Writ of Mandamus directing the 3rd respondent to transfer the patta
in the petitioner name for the property comprised in Survey No. 101/8 to an
extent of 1.87 Acres stuated at Agraharam Thalaiyur Village, Magudanchavadi,
Sankari Taluk, Salem District by considering the petitioner's representation
dated 25.01.2021.
For Petitioner : Mr. R.Jayaprakash
For Respondents : Mr. Yogesh Kannadasan
Government Advocate
https://www.mhc.tn.gov.in/judis/
W.P.No.18027 of 2021
O RD E R
Mr. Yogesh Kannadasan, learned Government Advocate, takes notice for
the respondents. With the consent of all the parties, this matter is taken up for
final hearing at the admission stage itself.
2. This writ petition is filed for the issuance of a writ of mandamus,
directing the 3rd respondent to transfer the patta in the petitioner's name for the
property comprised in Survey No. 101/8 to an extent of 1.87 Acres situated at
Agraharam Thalaiyur Village, Magudanchavadi, Sankari Taluk, Salem District
by considering the petitioner's representation dated 25.01.2021.
3. The case of the petitioner is that he purchased the property comprised
in Survey No.101/8 to an extent of 1.87 Acres from one P.Palaniappan and his
brothers by way of a sale deed dated 18.02.2011, registered under Doc.
No.1103 / 2011 on the file of SRO, Magudanchavadi, He submitted a
representation on 05.07.2011, to the third respondent for transfer of patta in his
name and the same was not considered. Hence, he filed a suit in O.S. No.238 of
2011 on the file of the District Munsif Court, Sankari, seeking direction to
direct the third respondent to transfer the patta in his name for the said property
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W.P.No.18027 of 2021
and also for mandatory injunction. The said suit was decreed by a judgment and
decree dated 20.07.2012, directing the third respondent to transfer the patta in
his name. Since no action was taken by the third respondent, he approached
this Court by way of filing a writ petition in W.P. No.8286 of 2014, seeking
direction to direct the third respondent to grant patta in his name pursuant to the
judgment and decree dated 20.07.2021, passed in O.S. No.238 of 2011. This
Court, by order dated 06.03.2015, directed the third respondent herein to
consider and dispose of the representation of the petitioner dated 10.10.2012,
within a stipulated time. Thereafter, the petitioner sent a representation to the
respondents with all the relevant documents and a copy of the order dated
06.03.2015. The second respondent, by his proceedings in
Na.Ka.No.3126/2019(C) dated 06.11.2019, directed the third respondent to take
necessary action. The third respondent in turn vide his proceedings in
Na.Ka.No.2456 of 2019 (C) dated 21.11.2019, directed the Revenue Divisional
Officer, Sankari, to take action and the same was not considered. Hence the
petitioner submitted a representation to the respondents again on 18.08.2020
and the first respondent by his proceedings in Oo.Mu.29534/2020/E1 dated
20.11.2020, again forwarded the petitioner's representation to the second
respondent. Subsequently, the petitioner had also filed an application for
transfer of patta on 25.01.2021 before the third respondent and the same is
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W.P.No.18027 of 2021
pending till date. The grievance of the petitioner is that, without considering the
representations, the respondents are forwarding the representations among
themselves and the petitioner was made to run from pillar to post for getting
patta from the year 2011, which really caused hardship to the petitioner.
Hence, with no other alternative remedy, the petitioner had filed this present
writ petition seeking direction to direct the third respondent to transfer the patta
in his name.
4. Learned Government Advocate appearing for the respondents
submitted that the authorities will consider the representation of the petitioner
and pass appropriate orders after considering all the documents filed by the
petitioner within a time stipulated by this Court.
5. On going through the averments, it is clear that the petitioner is unable
get patta since the respondents have not chosen to consider her case and pass
appropriate orders. Though there is a civil Court's decree in O.S. No.238 of
2011, wherein the lower Court has given a decree that the respondents 1 and 3
shall transfer the patta within a period of two months, no action is taken so far
to transfer patta in the name of the petitioner. The petitioner had also filed a
writ petition before this Court and this Court by order dated 06.03.2015,
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W.P.No.18027 of 2021
directed the respondents 1 and 3 to consider the petitioner's representation for
grant of patta, within a period of four months. The same has also not been
considered by the respondents, and the reasons for not considering the
representations of the petitioner was not stated by any of the authorities in their
proceedings. Since 2011, the petitioner has been aggrieved by the act of the
respondents. Hence, this Court is inclined to take a serious view on the inaction
on the part of the respondents and hereby directs the third respondent to
consider the petitioner's representation dated 25.01.2021, and pass appropriate
orders in accordance with law, within a period of eight weeks from the date of
receipt of a copy of this order. Failing which, the first respondent is directed to
take serious action against the authorities concerned.
6. With the above directions, this writ petition is disposed of. No costs.
27.08.2021
Index:Yes / No
Speaking order / Non speaking order
bkn
https://www.mhc.tn.gov.in/judis/
W.P.No.18027 of 2021
V. BHAVANI SUBBAROYAN, J.,
bkn
To
1.The District Collector,
Salem District,
Salem.
2.The Revenue Divisional Officer,
Sankari,
Salem District.
3.The Tahsildar,
Sankari Taluk,
Salem District.
W.P. No. 18027 of 2021
27.08.2021
https://www.mhc.tn.gov.in/judis/
