Madras High Court
O.M.Ravi Rajini vs The State Of Tamilnadu on 5 October, 2021
W.P.No.21476 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 05.10.2021
CORAM:
THE HON'BLE MRS. JUSTICE V. BHAVANI SUBBAROYAN
W.P.No.21476 of 2021
O.M.Ravi Rajini ... Petitioner
Versus
1. The State of Tamilnadu,
Represented by its Secretary,
Department of Land and Revenue,
Fort St.George, Chennai - 009.
2. The District Collector,
Collectorate, Salem.
3. The District Revenue Officer,
DRO's Office, Salem,
4. The Tahsildar,
Omalur Taluk, Salem District,
5. The Village Administrative Officer,
Puliyampatti Village,
Omalur Taluk, Salem District. .... Respondents
Page No.1 of 7
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W.P.No.21476 of 2021
Prayer: Writ Petition filed under Article 226 of the Constitution of India,
praying to issue a Writ of Mandamus, directing the second respondent to
consider and pass orders in the petitioner's appeal dated 22.01.2021 and
direct the fourth respondent to effect patta transfer of 84 Cents of land
under Survey Nos.40-11 and 40-18A in Puliyampatti Village at Omalur
Taluk, Salem District.
For Petitioner : Mr.Thanga Vadhava Balakrishnan
For Respondents : Mr.Yogesh Kannadasan
Government Advocate
ORDER
This writ petition has been filed for issuance of Writ of Mandamus,
directing the second respondent to consider and pass orders in the
petitioner's appeal dated 22.01.2021 and direct the fourth respondent to
effect patta transfer of 84 Cents of land under Survey Nos.40-11 and 40-
18A in Puliyampatti Village at Omalur Taluk, Salem District.
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W.P.No.21476 of 2021
2. The case of the petitioner is that one Prabhu son of Manicka
Mudaliar entered into an unregistered sale agreement with respect to 84
cents of land under Survey No.40-11 and 40-18A in Puliyampatti Village
at Omalur Taluk, Salem District, on 11.12.2012 for a valuable
consideration of Rs.1,40,000/-, an amount of Rs.1,20,000/- (One Lakh
Twenty Thousand only) has been paid to the vendor in advance and the
balance payable on execution of the sale deed. After execution of the sale
agreement, the vendor failed to come forward and execute the sale deed.
Therefore, the petitioner filed a Suit in O.S.No.89 of 2013 before the
District Munsif, Mettur, under the specific performance Act, and the same
was decreed on 25.10.2013 in favour of the petitioner. Thereafter, the
petitioner filed an Execution Petition in R.E.P.No.38 of 2014, wherein the
Judgment Debtor Mr.Prabhu, Son of Manicka Mudaliar absented himself,
he was ex-parte and therefore, the learned District Munsif, Mettur
executed the sale deed in favour of the petitioner after accepting the
deposit of balance sale consideration before the court.
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W.P.No.21476 of 2021
3. According to the petitioner the said sale deed was registered as
Document No.5743 of 2017, dated 17.11.2017 on the file of Sub-Registrar
Office, Mettur. Thereafter, he has approached the fourth
respondent/Tahsildar on 24.11.2017 seeking for transferring of Patta to the
petitioner's name based on the registered sale deed, but no action has been
taken by the fourth respondent. Therefore, he sent a reminder dated
09.04.2019 to the respondents which was also ignored by the respondents.
Subsequently, he has filed a writ petition in W.P.No.29544 of 2019 and the
same was disposed of by directing the respondents to consider the
petitioner's representation, dated 22.11.2019 and the copy of the same was
received on 08.02.2020. Therefore, the petitioner made a fresh application
dated 10.02.2020 along with the relevant documents by enclosing the copy
of the order in W.P.No.29544 of 2019 to the fourth respondent bur the
same was rejected stating that there were objection from the people living
adjacent to the said property. Immediately after, the petitioner met with the
fourth respondent in person and submitted all the relevant documents
twice. Thereafter, the petitioner made another representation dated
17.06.2020 and a reminder on 15.10.2020 before the 2nd respondent.
Since there was no response from the other side, the petitioner preferred
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W.P.No.21476 of 2021
an appeal dated 22.01.2021 before the second respondent/District
Collector and the same is pending till date. Hence, the petitioner has come
forward with the present writ petition under Article 226 of the
Constitution of India.
4. Heard both sides and perused the materials available on record.
5. Having regard to the limited scope of the prayer, this Court is
inclined to pass the following order:-
The 2nd respondent/District Collector, Salem, is hereby directed to
dispose of the appeal dated 22.01.2021 filed by the petitioner as against
the proceedings in Se.Mu.Na.Ka.No.3321/2019 (B2), dated 08.06.2020
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.
05.10.2021
Index: Yes/No
Internet: Yes/No
https://www.mhc.tn.gov.in/judis/
W.P.No.21476 of 2021
To
1. The Secretary,
State of Tamil Nadu,
Department of Land and Revenue,
Fort St.George, Chennai - 009.
2. The District Collector,
Collectorate, Salem.
3. The District Revenue Officer,
DRO's Office, Salem,
4. The Tahsildar,
Omalur Taluk, Salem District,
5. The Village Administrative Officer,
Puliyampatti Village,
Omalur Taluk, Salem District.
https://www.mhc.tn.gov.in/judis/
W.P.No.21476 of 2021
V.BHAVANI SUBBAROYAN, J.
gba/msm
W.P.No.21476 of 2021
05.10.2021
https://www.mhc.tn.gov.in/judis/
