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Madras High Court

S.Parthasarathy vs The Tahsildar on 27 February, 2023

Author: R. Suresh Kumar

Bench: R.Suresh Kumar

                                                                     Writ Petition No.5785 of 2023

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                               DATED :27.02.2023

                                                    CORAM :

                             THE HONOURABLE MR.JUSTICE R.SURESH KUMAR

                                           Writ Petition No.5785 of 2023

                     S.Parthasarathy                                    ... Petitioner
                                                       -Vs-

                     1. The Tahsildar,
                        Gingee Taluk,
                        Villupuram District.

                     2. The Zonal Deputy Tahsildar,
                        Gingee Taluk, Villupuram District.

                     3. The Taluk Surveyor,
                        Gingee Taluk, Villupuram District.

                     4. The Village Administrative Officer,
                        Eechur Village & Post,
                        Gingee Taluk, Villupuram District.

                     5. Balasundaram                                         ... Respondents

                     Prayer : Writ Petitions under Article 226 of the Constitution of India
                     praying for the issuance of a Writ of Mandamus, directing the
                     respondents 1 and 2 to dispose the online application for transfer of patta
                     submitted by the petitioner vide can No.13306061 5880793 and
                     application No.2022/0103/07/308237 dated 09.11.2022, 01:54:06 by
                     survey and transfer the patta in favour of the petitioner in respect of

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                                                                           Writ Petition No.5785 of 2023

                     S.No.88/3A1 situated at Eechur Village, Gingee Taluk, Villupuram
                     District within a time fixed by this Court.
                                     For Petitioner          : Mr.N.Sampath
                                     For Respondents         : Mr.R.P.Murugan Raja
                                                               Government Advocate [R1 to R4]

                                                           ORDER

The prayer sought for herein is for a writ mandamus directing the respondents 1 and 2 to dispose the on-line application for transfer of patta submitted by the petitioner vide can No.13306061 5880793 and application No.2022/0103/07/308237 dated 09.11.2022, 01:54:06 by survey and transfer the patta in favour of the petitioner in respect of S.No.88/3A1 situated at Eechur Village, Gingee Taluk, Villupuram District within a time fixed by this Court.

2. In respect of property at S.No.88/3A1 situated at Eechur Village, Gingee Taluk, Villupuram District, the petitioner had given an on-line application on 09.11.2022 for transfer of patta in the name of the petitioner and in order to consider the same seeking direction to the respondents especially the first respondent, the petitioner has moved the present writ petition.

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3. Heard Mr.N.Sampath, learned counsel appearing for the petitioner and Mr.R.P.Murugan Raja, learned Government Advocate appearing for the respondents 1 to 4 and in view of the order going to be passed in this writ petition, notice to the fifth respondent is hereby dispensed with.

4. Learned Government Advocate appearing for the official respondents would submit that the said application submitted by the petitioner would be considered and decided by the first respondent, of- course after giving an opportunity of being heard to both the petitioner as well as the fifth respondent within a time frame that may be stipulated by this Court.

5. Considering the said submission made by the learned Government Advocate appearing for the official respondents, this Court directs the first respondent to consider the application of the petitioner dated 09.11.2022 and pass orders on merits and in accordance with law of-course after hearing the petitioner as well as the fifth respondent within a period of six(6) weeks from the date of receipt of a copy of this order.

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mp With this direction, this writ petition is disposed of. No costs.

27.02.2023 Index : Yes/No Speaking order: Yes/No Neutral Citation:Yes/No mp To

1. The Tahsildar, Gingee Taluk, Villupuram District.

2. The Zonal Deputy Tahsildar, Gingee Taluk, Villupuram District.

3. The Taluk Surveyor, Gingee Taluk, Villupuram District.

4. The Village Administrative Officer, Eechur Village & Post, Gingee Taluk, Villupuram District.

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