G.Thangaraj, v. The District Collector,
IN THE HIGH COURT OF JUDICATURE OF MADRAS
DATED:27.08.2021
CORAM:
THE HONOURABLE MRS. JUSTICE V.BHAVANI SUBBAROYAN W.P.No.1650 of 2020 (Through Video Conference) G.Thangaraj
...Petitioner
Vs
1) The District Collector, Chengalpet District, Chengalpet.
2) The Tahsildar.
Thirukazhukundram Taluk, Chengelpet District 603 102
...Respondents
PRAYER:
Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, to direct the respondents to pass orders on the sub-division transfer of patta application submitted by the petitioner on 19.07.2016 and reminderd on 22.12.2016, 23.05.2018, 11.07.2018 & 01.08.2018 within a stipulated period.
For Petitioner : Mr.T.Karthikeyan For Respondents : Mr.K.M.D.Muhilan, Government Advocate
O R D E R
This Writ Petition has been filed seeking for the issuance of a Writ of Mandamus to direct the respondents to pass orders on the sub-division transfer of patta application submitted by the petitioner on 19.07.2016 and reminders on 22.12.2016, 23.05.2018, 11.07.2018 & 01.08.2018 within a time frame to be fixed by this Court.
2. The case of the petitioner is that he is the absolute owner of the land situated at No.176, N.Vittalapuram, Vittalapuram Uratchi and Ondriyum, comprised in Village Punjai
Survey No.385/1A-Acre 0.11 1/2 cents out of Acre 0.77 cents in S.No.385/1B-Acre 0.34 cents out of Acre 2.73 cents, totally measuring acres 0.34 cents, marked as Field No.36 in Chengalpet Registration District, Thirukazhukundram Sub-District, bounded on the North by Field No.34,35 and 20 feet road (S.No.385/1B), South by-land belonging to Adi Dravida Welfare Department, East by Sivananda Naicker land, S.No.385/2B and West by Rama Anjaneyan land.
3. The petitioner has purchased the above mentioned property by way of registered sale deed, dated 06.12.1999 registered as document No.2906/1999 at Tirukkalukundram SRO from one A.Sudakaraiah, son of Venkatasubbiah, represented through his power of attorney agent R.Pavankumar for a valid sale consideration. The learned counsel for the petitioner further submitted that the property was originally owned by one Ezhumalai Naicker and after his demise, his wife Vasantha Ammal and sons and daughters have executed the sale deed in favour of the above said A.Sudakaraiah, son of Venkatasubbiah.
4. The learned counsel for the petitioner submitted that the patta for the land purchased by the petitioner was in the name of Mrs.Vasantha. Therefore, after the purchase of land, the petitioner had applied for transfer of patta and submitted an application before the second respondent through e-sevai Maiyam on 19.07.2016 and reminders were made on 22.12.2016, 23.05.2018 and 01.08.2018 by the petitioner. In this regard, the petitioner also made a representation before the first respondent on 11.07.2018. Till date, no fruitful remedy or reply has been received from the respondent's office. Aggrieved by the same, the petitioner has approached this Court with the aforesaid prayer.
5. Heard the learned counsel for the petitioner and perused the materials placed before this Court.
6. In view of the fact that the application for transfer of patta has been made in the year 2016 itself and considering the long pendency of the same, this Court is inclined to direct the second respondent to consider the petitioner's request made on 19.07.2016 for transfer of patta in the name of the petitioner for the above mentioned property and to pass orders on merits and in accordance with law within a period of sixteen (16) weeks from the date of receipt of a copy of this order.
7. With the above directions, this Writ Petition stands Disposed of. No costs.
Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar sts To:
1) The District Collector, Chengalpet District, Chengalpet.
2) The Tahsildar.
Thirukazhukundram Taluk, Chengelpet District 603 102 +1CC to Government Pleader, Sr.No.43676 W.P.No.1650 of 2020 NK (CO) K.RK. (27.09.2021)