The court held that the aggrieved party must seek remedy through an appeal before the appropriate authority after a transfer of patta, emphasizing adherence to procedural requirements.

ORDER

This writ petition has been filed challenging transfer of patta issued by the second respondent through proceedings dated 16.06.2022 and for a consequential direction to the respondent to survey and sub-divide the subject property as per the partition deed dated 16.06.2000 and to issue separate patta to the property belonging to the petitioner by considering the application submitted by the petitioner on 19.05.2023.

2. Heard Mr.N.Ponraj, learned counsel for petitioner, Mr.S.Rajesh, learned Government Advocate [R1 to R4] and Mr.L.Baskaran, learned Government Advocate [Crl.side] appearing for fifth respondent.

3. The petitioner claims to be the owner of the subject property measuring 0.20 acres in R.S.No.690/1 at Manakkadavu Village, Dharapuram Taluk, Tiruppur District. The petitioner is tracing his title from a partition deed dated 16.06.2000 registered as document No.2002/2000. The grievance of the petitioner is that earlier a joint patta was issued and it seems that the sixth respondent approached the official respondents seeking sub-division of his land and pursuant to the same, the sub-division was done behind the back of the petitioner without issuing notice to the petitioner and the impugned patta transfer order was passed on 16.06.2022. The petitioner came to know about the same only when the petitioner applied for survey and at the time of survey, the sixth respondent objected for the same by showing the patta. It is under these circumstances, the present writ petition has been filed.

4. Taking into consideration the facts and circumstances of the case and the materials placed before this Court, it will be more appropriate for the petitioner to file an appeal before the first respondent. This is in view of the fact that the patta transfer had taken place in the year 2022. Hence, the petitioner shall file an appeal before the first respondent within a period of four (4) weeks from the date of receipt of a copy of this order along with relevant documents and also a copy of this order. On receipt of the same, the first respondent shall conduct enquiry and afford opportunity to the petitioner and sixth respondent and other interested parties and pass final orders within a period of eight (8) weeks from the date of receipt of the appeal filed by the petitioner.

This writ petition is disposed of with the above direction. No costs.