S.Selvi v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.02.2024 Coram:

THE HONOURABLE MR. JUSTICE P.VELMURUGAN S.Selvi ... Petitioner Vs.

1. The District Collector O/o. The District Collector Thiruvannamalai- 606 601

2. The Tahsildar Vandavasi Taluk Thiruvannamalai District Vandavasi - 604 408 ... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the 2nd respondent to dispose the petitioner's representation dated 28.10.2023 to transfer the Patta in the name of the petitioner and her son.

For Petitioner : Mr.K.Mahendran For Respondent : Mr.S.J.Mohamed Sathik Government Advocate

ORDER

This Writ Petition is filed seeking a Writ of Mandamus directing the 2nd respondent to dispose of the petitioner's representation dated 28.10.2023 to transfer the Patta in the name of the petitioner and her son. 1/5

2. The contention of the petitioner is that the petitioner had made online application on 22.02.2023 in the name of his son in No.2023/0103/06/331620 along with all the necessary documents before the Zonal Deputy Tahsildar requesting transfer of Patta and on verification of the status of application, he came to know that his application was rejected on 08.04.2023 without any reasons. Hence, the petitioner gave another representation on 28.10.2023 to the 2nd respondent/Tahsildar. Since the same has not been considered, the present Writ Petition is filed before this Court.

3.Mr.S.J.Mohamed Sathik, learned Government Advocate takes notice for the respondents.

4. It is seen that the petitioner has already made an online application before the Zonal Deputy Tahsildar on 22.02.2023 for transfer of Patta. But the same has been rejected on 08.04.2023 without giving any reason. However, the petitioner has not filed any appeal challenging the same and instead of filing appeal, he has made a representation to the Tahsildar/2nd respondent herein.

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5. Having regard to the submissions made by the learned counsel on either side and since this writ petition is filed seeking a simple writ of mandamus to consider the petitioner's representation, this Court without expressing any opinion with regard to the merits of the case, directs the 2nd respondent to consider the petitioner's representation dated 28.10.2023 and issue notice to the petitioner and also to the rival claimants/interested parties/objectors if any, as the case may be and conduct enquiry in the manner known to law if already not conducted and pass orders on merits and in accordance with law if already not passed orders, within a period of six months from the date of receipt of a copy of this order.

6. With the above directions, this Writ Petition is disposed of at the admission stage itself. There shall be no order as to costs. 14.02.2024 ksa-2 Index : Yes / No Speaking Order : Yes / No 3/5

To

1. The District Collector O/o. The District Collector Thiruvannamalai- 606 601

2. The Tahsildar Vandavasi Taluk Thiruvannamalai District Vandavasi - 604 408 4/5

P.VELMURUGAN. J.

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