Nirala Rathod v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 16.02.2022
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.No.2794 of 2022 Nirmala Rathod ... Petitioner Vs.
1. The District Collector, Thiruvallur District, Thiruvallur.
2. The Revenue Divisional Officer, Thiruvallur District, Thiruvallur.
3. The Thasildhar, Thiruvallur Taluk, Thiruvallur District.
4. The Firka Surveyor, Thiruvallur Taluk, Thiruvallur District.
... Respondents PRAYER: The Writ Petition filed under Section 226 of Constitution of India, pleased to issue a Writ of Mandamus or order, or direction in the nature of writ, directing the third respondent to consider petitioner's application bearing No.2021/0105/01/357648, dated 24.08.2021 and to issue patta in the petitioner's name in respect of the lands comprised in Survey No.238/1B of Thaneerkulam Village, Thiruvallur Taluk and District.
For Petitioner : Mr.M.Vijayanand For Respondents : Mr.T.Chezhiyan Additional Government Pleader
O R D E R
Writ Petition has been filed for issuance of writ of Mandamus to direct the third respondent to consider the petitioner's application bearing No.2021/0105/01/357648, dated 24.08.2021 and to issue patta in the petitioner's name in
respect of the lands comprised in Survey No.238/1B of Thaneerkulam Village, Thiruvallur Taluk and District.
2. Since no adverse orders are passed against the respondents, notice to them is not necessary and this Writ Petition is disposed of, based on the available materials.
3. The case of the petitioner is that the petitioner is the owner of the land admeasuring to an extent 4 Acres 23 Cents comprised in Survey Nos. 238/1B, 238/2, 238/3, 238/4, 238/5 and 239/1A by way of the Sale Deed dated 27.02.2008, bearing document No.2184 of 2008. The petitioner is in possession and enjoyment of the said land and he obtained patta in respect of Survey Nos.238/2, 238/3, 238/4 and 238/5 vide Patta No.1111, but, till date the Patta in respect of 238/1B stands in the name of the erstwhile owner name. Hence, the petitioner filed an online application with the third respondent dated 24.08.2021 bearing Application No.2021/0105/01/357648 for transfer of patta and paid necessary fees. However, till date patta transfer application is pending without any proper action or effective order. Hence, the present writ petition is filed.
4.Though very many grounds have been raised, learned counsel for the petitioner submits that it would suffice if this Court issues direction to the 3rd respondent to consider the petitioner's representation dated 24.08.2021 and pass orders on the same within a particular time frame fixed by this Court. 5.The learned Additional Government Pleader has no objection for said order being passed.
6. In view of the aforesaid submissions, this Court without expressing any opinion on the merits of the case directs the 3rd respondent to consider the petitioner's application dated 24.08.2021 on merits and in accordance with law and pass appropriate orders, within a period of twelve weeks from the date of receipt of a copy of this order. This writ petition is accordingly disposed of. No costs.
Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar rgi/sk
To
1. The District Collector, Thiruvallur District, Thiruvallur.
2. The Revenue Divisional Officer, Thiruvallur District, Thiruvallur.
3. The Thasildhar, Thiruvallur Taluk, Thiruvallur District.
4. The Firka Surveyor, Thiruvallur Taluk, Thiruvallur District.
+1cc to the Government Pleader, S.R.No.10819 W.P.No.2794 of 2022 SJ[co] NSK 08/03/2022