Madras High Court
Moorthi.P vs The District Collector on 10 October, 2023
W.P.(MD)No.474 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED :10.10.2023
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH
W.P.(MD)No.474 of 2021
Moorthi.P, ... Petitioner
Vs
1. The District Collector,
Ramanathapuram District, Ramanathapuram..
2. The District Revenue Officer,,
Ramanathapuram District, Ramanathapuram..
3. The Tahsildar,,
Ramanathapuram District, Ramanathapuram.. ... Respondents
PRAYER : Petition filed under Article 226 of the Constitution of India
praying for issuance of Writ of Mandamus, directing the 3rd respondent to
transfer the patta in the name of the petitioner as per the orders in O.s.No.
126/78 dated 14.11.1984 and I.a.No. 487 of 1988 dated 12.06.1998 based
on the representation of the petitioner dated 02.12.2020 within the specific
time frame as fixed by this Honourable Court
For Petitioner :Ms.Pamelin.W,
For Respondents :Mr.A.K.Manikkam for R1 to R4
Special Government Pleader
Page 1 of 5
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W.P.(MD)No.474 of 2021
ORDER
This writ petition has been filed for the issue of a writ of
mandamus directing the third respondent to act upon the representation
made by the petitioner on 02.12.2020, wherein the petitioner has sought for
transfer of patta in his name pursuant to the judgment passed in O.S.No.
126/1976 dated 14.11.1984.
2. The case of the petitioner is that the father of the petitioner had
already filed an appeal before the Revenue Divisional Officer and sought
for cancellation of the patta that was granted in favour of Boominathan and
for issuance of patta in favour of the father of the petitioner. This was
considered by the Revenue Divisional Officer, Ramanathapuram and
through proceedings dated 20.03.2014, direction was issued to the Tahsildar
to transfer the patta in the name of the father of the petitioner with respect to
the subject property. The father of the petitioner died on 09.05.2013 and
therefore, the petitioner is seeking for the issuance of patta in his name.
Since the same was not considered, the present writ petition has been filed
before this Court.
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W.P.(MD)No.474 of 2021
3. Heard the learned counsel for the petitioner and the learned
Special Government Pleader for the respondents.
4. In the considered view of this Court, the petitioner is relying
upon the decree passed by the competent civil Court in O.S.No.126/1976
dated 14.11.1984 and also proceedings of the Revenue Divisional Officer,
Ramanathapuram, dated 20.03.2014 and seeks for the transfer of patta in his
name. In the absence of any challenge made to the proceedings of the
Revenue Divisional Officer or any restraint order passed by any competent
Court, the fourth respondent has to necessarily act upon the representation
made by the petitioner and transfer the patta in his name.
5. In view of the same, there shall be a direction to the fourth
respondent to consider the representation made by the petitioner and to take
a final decision within a period of four weeks from the date of receipt of a
copy of this order. The petitioner is directed to make a fresh representation
to the fourth respondent along with all the relevant documents and also a
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W.P.(MD)No.474 of 2021
copy of this order.
This writ petition is disposed of in the above terms. No costs.
09.10.2023
NCC :Yes/No
Index :Yes/No
RR
To
1. The District Collector,
Ramanathapuram District, Ramanathapuram..
2. The District Revenue Officer,,
Ramanathapuram District, Ramanathapuram..
3. The Tahsildar,,
Ramanathapuram District, Ramanathapuram..
https://www.mhc.tn.gov.in/judis
W.P.(MD)No.474 of 2021
N.ANAND VENKATESH, J.
RR
W.P.(MD)No.474 of 2021
10.10.2023
https://www.mhc.tn.gov.in/judis
