Petitioner sought writ mandamus directing revenue authorities to transfer patta to his name. Respondents argued pendency of a title suit barred the request. Court dismissed writ petition on this ground.
Writ petition dismissed with no costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 15.11.2019
CORAM:
THE HONOURABLE MR.JUSTICE T.RAJA
W.P. No.31285 of 2015
R.Govindan ... Petitioner
Vs
1.The District Collector, Villupuram District.
2.The District Revenue Officer, Villupuram District.
3.The Revenue Divisional Officer, Tindivanam, Villupuram District. 4.The Tasildar, Tindivanam, Villupuram District. ... Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents to consider the petitioner's representation dated 04.08.2014 in so far as in the said representation the petitioner had sought for transfer of patta in the petitioner's name to his properties(1) situated in Puliyanur Village, Tindivanam Taluk, Villupuram District, comprised in Old Survey No.82/1 and new Survey No.3/1 on extent of 0.46 cents and another property old Survey No.81/1 and new survey No.3/1 on extent of 0.08 cents in Puliyanur Village (2) in Thaniyal Village, Tindivanam Taluk, Villupuram District, comprised in Old Survey No.50/3, New Survey No.45/7 and 8 each an extent of 0.15 cents.
For Petitioner : Ms.D.Bharathy For Respondents : Mr.E.Balamurugan, Special Government Pleader
ORDER
The petitioner has come to this Court seeking a direction to the respondents to consider his representation dated 04.08.2014 wherein he has sought for transfer of patta in his name to the
properties situated at Puliyanur Village, Tindivanam Taluk, Villupuram District, comprised in old Survey No.82/1 and new Survey No.3/1 measuring to an extent of 0.46 cents and another property situated at Thaniyal Village, Tindivanam Taluk, Villupuram District, comprised in Old Survey No.50/3 and New Survey No.45/7 and 8 each measuring to an extent of 0.15 cents.
2.When the matter is taken up for hearing, learned Special Government Pleader appearing for the respondents would submit that since an Original Suit in O.S. No.286 of 2015 has been filed for declaration of title before the District Munsif Court, Dindivanam, the request of the petitioner cannot be granted.
3.Since the Tahsildar, Dindivanam has addressed a letter to the learned Special Government Pleader appearing for the respondents stating that the said Original Suit was pending, the respondents cannot consider the request of the petitioner for transfer of patta. Therefore, this Court is unable to entertain the writ petition. Accordingly, the writ petition stands dismissed. No costs.
Sd/Assistant Registrar //True Copy// Sub Assistant Registrar vga To
2.The District Collector, Villupuram District.
3.The District Revenue Officer, Villupuram District.
4.The Revenue Divisional Officer, Tindivanam, Villupuram District.
5.The Tasildar, Tindivanam, Villupuram District.
+1cc to M/s.D.Bharathi, Advocate sr.95051 +1cc to Government Pleader SR.NO. 96068
W.P. No.31285 of 2015
kk(co) nr 16/12/2019
2 issues framed by the court
Whether the High Court can entertain a writ petition seeking transfer of patta when a pending original suit for declaration of title exists.
Whether the pendency of a title suit bars the revenue authorities from considering a request for patta transfer.
1 provisions across 1 enactments
R.Govindan
The District Collector, Villupuram District
The District Revenue Officer, Villupuram District
The Revenue Divisional Officer, Tindivanam, Villupuram District
The Tasildar, Tindivanam, Villupuram District
T.Raja
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
