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Madras High CourtWP/1278/2021disposed of

K.Velu v. The District Collector

2021-02-18Honourable Mr Justice N. Seshasayee3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.02.2021 CORAM : JUSTICE N.SESHASAYEE W.P.No.1278 of 2021 and WMP.No.1426 of 2021 K.Velu ... Petitioner Vs

1. The District Collector Vellore Vellore District.

2. The District Revenue officer Vellore Vellore District.

3. The Revenue Divisional Officer Anaikattu Taluk Vellore Vellore District.

4. The Tahsildar Anaikattu Taluk Vellore Vellore District.

5. K. Markabandhu

6. Bhakiaraj

7. Balasubramaniam

8. Gopal Mandhiri

9. Rajkumar 10.V. Mohan 11.T.Sundarganesh 12.Gangudass Karamsi Patel ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents 1 to 4 to transfer patta to the petitioner for the property admeasuring 0.67 cents comprised in S.No.53/1B and 60 cents out of 1.45 1⁄2 acres comprised in S.No.53/1D situated at Okkanavaram Village, Vallandaraman Post, Anaikat Taluk, Vellore District on the basis of the Court delivery ordered in E.P.No.89/2012 on the file of District Munsif Court at Vellore.

For Petitioner : Mr.R.Rajarajan For Respondents: Mr.S.N.Parthasarathi Government Advocate [R1 to R4]

ORDER

The petitioner claims that he is the absolute owner of a certain property in S.No.53/1B and S.No.53/1D situated at Okkanavaram Village, Vallandaraman Post, Anaikat Taluk, Vellore District, by virtue of Court order in E.P.No.89/2012 in O.S.No.85/1975 on the file of District Munsif Court, Vellore. Thereafter, since 2013, the petitioner was stated to have applied for transfer of patta for the said property vide several representations to the respondents and his last applications were on 06.01.2020 and 23.10.2020. Since, there is a denial on the part of the respondent concerned to transfer the patta in his name, the petitioner is before this Court.

2. Heard the learned counsel for the petitioner. Mr.S.N.Parthasarathi, learned Government Advocate takes notice for respondents 1 to 4 and made a statement on instructions that the enquiry for the purpose is scheduled to take place at 11.00 a.m., on 12.03.2021 in the Office of the Tahsildar, Anaikat Taluk / fourth respondent. The said statement is recorded.

3. Inasmuch as the date for enquiry is fixed by the respondents, no direction is required to be given except that the fourth respondent/Tahsildar, Anaikat Taluk is directed to hold an enquiry after issuing notices to all the parties who are likely to be affected by his decision, and after providing the parties a fair and effective hearing and to dispose of the said representation through a speaking order within a period of twelve (12) weeks from the date of service of order copy, subject to such time that may be lost in responsibilities connected with the ensuing General Election of the Tamil Nadu State Legislative Assembly, 2021.

4. The writ petition is disposed of accordingly. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar

ds To:

1.The District Munsif Court, Vellore.

2.The District Collector Vellore Vellore District.

3.The District Revenue officer Vellore Vellore District.

4. The Revenue Divisional Officer Anaikattu Taluk Vellore Vellore District.

5. The Tahsildar Anaikattu Taluk Vellore Vellore District.

+1 cc to The Government Pleader Sr.No. 9910 W.P.No.1278 of 2021 BS(CO) RMP(12/03/2021)