1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.08.2011 CORAM: THE HONOURABLE Mr.JUSTICE P.JYOTHIMANI and THE HONOURABLE Mr.JUSTICE M.M.SUNDRESH W.A.(MD)No.728 of 2011 Sathishkumar ... Appellant Vs. 1.The District Collector, Tirunelveli District. 2.The Tahsildar, Taluk Office, Radhapuram. ... Respondents Prayer: Appeal is filed under Clause 15 of Letters Patent Act, against the order of this Court made in W.P.(MD)No.4388 of 2011 dated 12.04.2011. Petition filed under Article 226 of the constitution of India for issuance of a writ a certiorarified mandamus calling for the records of the second respondents in RTR/13335/10 dated 15.12.2010 quash the same and consequently, direct the second respondent to transfer the patta for Survey No.611/1, of Thanakkarakulam Village, Radhapuram Taluk in the name of the petitioner based on the document No.546 of 2010. For Appellant : Mr.V.Perumal For Respondents : Mr.K.Mahendran,Spl.G.P. JUDGMENT (Judgment of the Court was delivered by M.M.SUNDRESH,J.) This Writ Appeal has been preferred against the order made in W.P.(MD)No.4388 of 2011 dated 12.04.2011. 2.It is the grievance of the petitioner in the Writ petition, who is the appellant herein that the order impugned dated 15.12.2010 has been passed without hearing him. 3.We have perused the order of the learned Single Judge. The learned Single Judge has merely directed the appellant to file an appeal before the Appellate Authority under the Tamil Nadu Patta Pass Book Act, 1983, since disputed questions of facts are involved. Further a perusal of the order impugned dated 15.12.2010 in the Writ petition passed by the respondent No.2 would show that there are some discrepancies in the entries made and two sale deeds have been registered pertaining to the same survey number. Therefore, we find no reason to interfere with the order of the learned Single Judge as disputed questions of facts are involved. 4.Considering the fact that the appellant has filed this appeal against the order of the learned Single Judge, a further period of 4 weeks time is granted for filing the appeal before the competent authority under the Tamil Nadu Patta Pass Book Act, 1983. As and when https://hcservices.ecourts.gov.in/hcservices/ 2 the appeal is filed, the competent authority will have to decide the appeal on merits and in accordance with law after affording opportunity to the interested parties including the appellant. No costs. Sd/- Assistant Registrar (Crl.side) /True copy/ Sub Assistant Registrar To 1.The District Collector, Tirunelveli District. 2.The Tahsildar, Taluk Office, Radhapuram. +1CC TO MR.V.PERUMAL, ADVOCATE SR.26728 Nbj SR : 24.08.2011 : 2p/4c W.A.(MD)No.728 of 2011 08.08.2011 https://hcservices.ecourts.gov.in/hcservices/