Legal Question in Consumer Law in India
An individual purchased a piece of land in 1988 in a village in Tamilnadu and later made a request for Patta transfer in his name to the concerned Thasildar only to get no response from him. The litigant sent a petition to CM Cell Tamilnadu and it found its way to Revenue Divisional Officer for an enquiry in 2005.
The RDO in turn, on the basis of the findings, advised Thasildar there was nothing illegal in the applicant asking for Patta. There was no action. The applicant preferred a deficiency in service petition in Consumer forum which not only directed Patta transfer to be affected but imposed a fine of Rs 5000 on the department.
This was on Nov. 2009.
Question arises whether CM Cell will act like a post office only to send grievances to concerned section? Is RDO vested with any Judiciary powers to ensure his directions are obeyed? Was RDO was right in ordering Tasildar directly? Should not have the CM�s cell asked the RDO to send its finding to it? Is CM�s cell not vested with any powers to enforce any department�s findings?
If this action on part of Consumer Fora to take actions on inter section delays in village Thaluk set up is practiced , the Forums will be flooded with cases as files do not move from table to table in Thauk offices as a matter of duty but for extraneous reasons. . ,
2 Answers from Attorneys
Patta name transfer has a prescribed form and fee as well. The title deeds should be attached with it too.
CMs' cell usually forwards the applications received by it with copy to higher officials for their notice and action.
Now that Fora has ordered, has the Patta name transfer been effected?
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