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2020 Supreme(Mad) 758
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
D. KRISHNAKUMAR, J.
A. Andiyappan - Petitioner
Versus
The Revenue Divisional Officer, Revenue Divisional Office, Iluppur Taluk, Pudukottai District - Respondent
W.P.(MD) Nos.7746, 6308, 8659, 8373 of 2020 & 22506, 1628 & 5920 of 2019 & 18676, 3416, 25497, 25503, 23730, 21569, 2613, 2448, 1986 & 20163 of 2019
Decided On : 19-08-2020
The central legal point established is the obligation of the authorities to comply with government orders and expedite the disposal of pending patta transfer applications within stipulated time frames.
Headnote:
Mandamus - Patta Proceedings - G.O.Ms.No.117, Revenue Department, dated 09.03.1999, G.O.Ms.No.210, Revenue SS-I(1) Department, dated 08.07.2011, G.O.Ms.No.303, Revenue [SS-II(2)] Department, dated 27.12.2016 - The court ordered the authorities to expedite the disposal of pending patta transfer applications and comply with government orders within stipulated time frames.
Fact of the Case:
The petitioners filed Writ Petitions seeking the issuance of Patta for their properties, citing delays in the patta proceedings by the authorities.
Finding of the Court:
The court found that there were a large number of pending patta transfer applications, contrary to government orders, and directed the authorities to expedite the disposal of these applications within stipulated time frames.
Issues: Delay in patta proceedings, non-compliance with government orders, pendency of applications for patta transfer.
Ratio Decidendi: The court emphasized the need for authorities to comply with government orders and expedite the disposal of pending patta transfer applications within stipulated time frames.
Final Decision: The court directed the authorities to expedite the disposal of pending patta transfer applications and comply with government orders within stipulated time frames.
JUDGMENT :
(Prayer: Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to issue a Writ of Mandamus or any other order or direction in the nature of the Writ, directing the 2nd Respondent to issue Patta to the petitioner's property to an extent of 8 cents of land in Survey No.79/1 in Thenur Village, Alavayal Circle, Ponnamaravathi Taluk, Pudukottai District on the basis of petitioner's representation dated 22-05-2020, 27-05-2020.
Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to issue the writ of mandamus by directing the respondent to conduct enquiry for patta proceedings to issue a patta in the name of the petitioner on the basis of her application dated 08.01.2020 submitted by the petitioner to the respondent in respect of house bearing Door No.3/335 comprised in old S.No.179/1 Part Now, UDR S.No.266/19, measuring about 0.00.38.0 Sq.mtr, Thenur 2nd Bit Village, Samayanallur via, Madurai North Taluk, Madurai District within a time frame as may be fixed by this Hon'ble Court.
Prayer in WP(MD) No. 8659/ 2020 : Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue Writ of Mandamus by directing the respondent to conduct enquiry for patta proceedings to issue a joint patta in the name of the petitioner and in the name of the legal heirs of his father on the basis of his application dated 18.06.2019 submitted by him to the respondent in respect of their property comprised in S.No.24/4D1, 24/4A, 24/4D2, 25/7A1 situated at Sivalingam village, Madurai North Taluk, Madurai District.
Prayer in WP(MD) No. 8373/ 2020 : Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus to directing the respondents to issue patta to the petitioner in respect to Survey No.584/1A1 situated at Kutchanur village, Uthamapalayam Taluk, Theni District by considering his online application vide No.2020/0103/25/041761 dated 03.02.2020 within the time frame fixed by this Hon'ble Court may deem fit.
Prayer in WP(MD) 22506/ 2019 : Writ Petition is filed under Article 226 of the Constitution of India, praying this Court issue a Writ of Mandamus directing the 1st respondent to take action on the enquiry proceedings of 1st respondent with regard to issuance of patta enquiry notice issued in O.M.A3/6512/2017 dated on 28/11/2017, consider the petitioner application made on 24/10/2017 and stipulated time may be fixed on proceedings of the 1st respondent.
Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to issue a Writ of Mandamus, directing the Respondents to survey the Petitioner's Punja Land in Survey No.52/3C1B to an extent of 05.35 Ares situated at Sithumoondradaippu, Kariyapatti Taluk, Virudhunagar District confined in Joint patta No.202 and to issue separate Patta in his favour after necessary sub division in the said land on the basis of his Representation dated 31.12.2018.
Prayer in WP(MD) 5920/ 2019 : Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the 2nd respondent to issue patta in petitioner's name in Survey No.688/3 situated at Chillamarthupatti, Bodinaickanur Taluk, Theni District, by considering the petitioner's representation dated 21/01/2019.
Prayer in WP(MD) 18676/ 2018 : Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the respondents to issue patta on the application made by the petitioner on 14.06.2018 by post and subsequently made application online on 19.06.2018 vide application numbers 2018/0103/30/157559, 2018/0103/30/157546, 2018/0103/30/157567 (CAN) 03330044
