1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.07.2011 CORAM: THE HONOURABLE Mr.JUSTICE R.SUDHAKAR W.P.(MD)Nos.4634 and 4635 of 2011 W.P.(MD)No.4634 of 2011: J.Saravanan ... Petitioner Vs. 1.The Revenue Divisional Officer, Office of the Revenue Divisional Office, Karur. 2.The Tahsildar, Karur Taluk, Karur. ... Respondents Prayer: Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the 2nd respondent herein to transfer the patta No.2951 in respect of land measuring 1.50 acres out of 4.88 ½ acres in S.No.793 at Thanthoni Village, Karur Taluk, Karur District in favour of the petitioner from his vendor Vijayalakshmi in the light of the quashing of entire land acquisition proceedings initiated in G.O.No.452 dated 03.06.1998, by this Court in a batch of Writ petitions in W.P.Nos.9140 of 1998 etc., as early as on 09.12.2009. W.P.(MD)No.4635 of 2011: S.Murugantham ... Petitioner Vs. 1.The Revenue Divisional Officer, Office of the Revenue Divisional Office, Karur. 2.The Tahsildar, Karur Taluk, Karur. ... Respondents Prayer: Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the 2nd respondent herein to transfer the patta No.2951 in respect of land measuring 3.38 ½ acres out of 4.88 ½ acres in S.No.793 at Thanthoni Village, Karur Taluk, Karur District in favour of the https://hcservices.ecourts.gov.in/hcservices/ 2 petitioner from his vendors Smt.Manju, wife of Marappan and S.Kayalvizhi, wife of Saravanan in the light of the quashing of entire land acquisition proceedings initiated in G.O.No.452 dated 03.06.1998, by this Court in a batch of Writ petitions in W.P.Nos.9140 of 1998 etc., as early as on 09.12.2009. In both Writ Petitons For Petitioner(s) : Mr.M.Ajmal Khan for Mr.H.Thayumanaswamy For Respondents : Mr.T.R.Janarthanam,AGP COMMON ORDER The two Writ petitioners claim that they have purchased a portion of the property in Survey No.793 at Thanthoni Village, Karur Taluk, Karur District. 2.According to the petitioners, the land in question was subjected to acquisition proceedings in G.O.Ms.No.452, Revenue (RA1) Department, 03.06.1998, which came to be quashed by this Court in W.P.(MD)No.19889 of 1999 by order dated 27.07.2009 (Pon. Elangovan and 28 others Vs. State of Tamil Nadu and others reported in 2009(5) CTC 661). This was followed by another batch of petitions and a common order was passed on 09.l2.2009 in W.P.(MD) Nos.9140 of 1998 etc. According to the petitioners, the entire acquisition proceedings has been set aside. Consequent to this, the petitioners made representations to the 2nd respondent/Thasildar to effect patta transfer in their names based on the title records and also taking note of the order of the Court quashing the acquisition proceedings. The said representations made on 11.03.2011 have not been considered so far, hence, these Writ petitions have been filed. 3.A counter affidavit has been filed by the 2nd respondent/Thasildar setting out various details with regard to the property and how the petitioners’ lands have been acquired. 4.Heard the learned counsel for the petitioners and the learned Additional Government Pleader for the respondents. 5.The learned Additional Government Pleader would submit that the authority will consider the merits of the petitioners’ claim and if there are any rival claimants to the property and their objections, if any, will be considered and the authority will also take note of the order passed in Pon. Elangovan’s case. 6.In view of the above, the 2nd respondent/Thasildar is directed to consider the claim of the petitioners for grant of patta, keeping in mind the decision of this Court in Pon. Elangovan’s case reported 2009(5) CTC 661. If the right of any third party will be affected, it is necessary that the 2nd respondent should put such person on notice, so as to avoid the allegations of violation of principles of natural justice. Such https://hcservices.ecourts.gov.in/hcservices/ 3 exercise as above shall be completed as expeditiously as possible preferably within a period of twelve weeks from the date of receipt of a copy of this order. 7.With the above direction, these Writ petitions are disposed of. No costs. Sd/- Assistant Registrar (CO) /True Copy/ Sub Assistant Registrar To 1.The Revenue Divisional Officer, Office of the Revenue Divisional Office, Karur. 2.The Tahsildar, Karur Taluk, Karur. +2cc to Mr.H.Thayumanasamy, Advocate Sr.No.23842, 23843 +1cc to the Special Govt.Pleader, Sr.No.23920 nbj ssk/28.07.2011 /6c-3p/- W.P.(MD)Nos.4634 and 4635 of 2011 20.07.2011 https://hcservices.ecourts.gov.in/hcservices/