R.Palanisamy v. State Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14.02.2019

CORAM

THE HON'BLE MR. JUSTICE K.RAVICHANDRABAABU W.P.No.999 of 2019 and W.M.P.No.1115 of 2019 R.Palanisamy

...Petitioner

Vs.

1. State of Tamilnadu rep. by its Secretary to Government Department of Revenue, St.George Fort, Chennai - 600 009.

2. The District Collector, Coimbatore District, Coimbatore.

3. The District Revenue Officer, Coimbatore District, Coimbatore.

4. The Tashildhar, Sulur Taluk, Coimbatore District.

...Respondents

Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, to direct the respondents 1 to 4 to transfer the DL Patta No.11 in TNTR No.3000 & 3001/84 dated 13.12.1974 in favour of the petitioner to the land belongs to the petitioner in S.F.No.285 of Karumathupatty Village,Sulur Taluk, Coimbatore District. For Petitioner : Mr.S.Sithirai Anandam For Respondents : Mr.S.Soundararajan, Government Advocate

O R D E R

The petitioner has filed this writ petition to direct the respondents 1 to 4 to transfer patta in his favour in respect of the property in S.F.No.285 of Karumathupatty Village,Sulur Taluk, Coimbatore District.

2. Heard the learned counsel for the petitioner and the learned Government Advocate appearing for the respondents.

3. It is claimed by the petitioner that he purchased the subject matter property from his vendor and consequent upon such purchase, he made a request for transfer of patta through his representation dated 20.02.2017. The petitioner has also sent a legal notice dated 02.04.2018 to the respondents. The grievance of the petitioner is that the said request has not been considered so far.

4. This Court, at this stage, is not expressing any view on the merits of the claim made by the petitioner, as it is for the 4th respondent to consider and decide the same on merits and in accordance with law. Accordingly, the writ petition is disposed of, only by directing the 4th respondent to consider the representation of the petitioner dated 20.02.2017, followed by a legal notice dated 02.04.2018, and pass orders on the same on merits and in accordance with law, after hearing the petitioner and the rival claimants, if any. Such exercise shall be done by the 4th respondent within a period of six weeks from the date of receipt of a copy of this order. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar //True copy// Sub Assistant Registrar vsi/gsi To

1. The Secretary to Government Department of Revenue, St.George Fort, Chennai - 600 009.

2. The District Collector, Coimbatore District, Coimbatore.

3. The District Revenue Officer, Coimbatore District, Coimbatore.

4. The Tashildhar, Sulur Taluk, Coimbatore District.

+1cc to Mr.S.Sithirai Anandam, Advocate SR.No.13735 +1cc to Government Pleader SR.No.14146 W.P.No.999 of 2019 VSN II(CO) GMY(05/03/2019)