The Madurai Bench dealing with a petition filed under Article 226 regarding the inaction on a patta transfer appeal, directed the District Revenue Officer to dispose of the petitioner's appeal within twelve weeks.
Directed the first respondent to consider the petitioner's appeal dated 12.07.2024 on merits within 12 weeks.
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W.P.(MD)No.29121 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 05.12.2024
CORAM:
THE HONOURABLE MRS.JUSTICE N.MALA
W.P.(MD)No.29121 of 2024
K.Santhi
...Petitioner
/Vs./
4.Dhanam @ Dhanasekari 5.S.Kasilingam ... Respondents
PRAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the first respondent to consider the petitioner's appeal dated 12.07.2024 and pass appropriate orders based on the petitioner's representation dated 11.09.2024 in accordance with law within a time frame that may be stipulated by this Court.
For Petitioner : Mr.B.S.Meltiue For R1 to R3 : Mr.R.Ragavendran Government Advocate
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ORDER
Mr.R.Ragavendran, learned Government Advocate, takes notice
for the respondents.
2.By consent of both parties, this writ petition is taken up for final disposal at the admission stage itself.
3.The petitioner purchased 1.65 acres of land in Survey No. 544/4B1A at Kannamangalampatti, Singampunari Taluk, Sivagangai District under a registered sale deed, dated 26.01.2022. The petitioner’s vendor was also issued patta in patta No.1546. While so, the petitioner came to know that the fourth and fifth respondents in an unlawful manner got the patta transferred in the name of the fourth respondent. The petitioner therefore, addressed representations dated 07.12.2023, 23.01.2024 to the second respondent requesting him to cancel the transfer of patta made in favour of the fourth respondent. As no action was taken on the said representations, the petitioner filed writ petition in W.P.(MD)No.2355 of 2024 before this Court seeking a mandamus to direct the respondent to conduct enquiry into the illegal transfer of patta. This Court vide order dated 06.02.2024 allowed the writ petition.
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W.P.(MD)No.29121 of 2024
4.In pursuant to the order passed by this Court, the second
respondent conducted enquiry on the representation of the petitioner and rejected the same vide his proceedings dated 03.07.2024. The petitioner therefore, prepared an appeal to the first respondent on 12.07.2024. The first respondent did not take any action on the petitioner’s appeal dated 12.07.2024. Therefore, the petitioner sent a representation dated 11.09.2024 and even thereafter, there was no progress in the appeal. The petitioner therefore, filed this writ petition for the aforesaid relief.
5.It is seen that the petitioner filed an appeal on 12.07.2024 and after a lapse of two months submitted a representation for speedy disposal of the appeal dated 12.07.2024. Even thereafter, the respondent did not process the appeal.
6.In view of the fact that the petitioner’s appeal has been kept pending for more than five months, I direct the first respondent to consider the petitioner’s appeal dated 12.07.2024, on merits and in accordance with law and as per the circular of the Commissioner of Land Administration dated 17.17.2023, within a period of twelve weeks from the date of receipt of a copy of this order.
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W.P.(MD)No.29121 of 2024
7.With the above direction, this writ petition is disposed of. No
costs.
05.12.2024
Index : Yes / No NCC : Yes / No ta
To
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W.P.(MD)No.29121 of 2024
N.MALA, J.
ta
W.P.(MD)No.29121 of 2024
05.12.2024
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2 issues framed by the court
Whether the District Revenue Officer should dispose of the petitioner's pending appeal within a stipulated time frame.
Whether a direction for speedy disposal of a patta transfer appeal is maintainable in writ jurisdiction.
K.Santhi
District Revenue Officer, Sivagangai District
Revenue Divisional Officer, Devakottai
Tahsildar, Singampunari Taluk Office
N Mala
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
