Parthan v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01.03.2022

CORAM:

THE HON'BLE MR.JUSTICE M.DHANDAPANI W.P.No.4295 of 2022 U.Parthan

...Petitioner

vs.

1. The District Collector, Collectorate, Chennai.

2. The Tahsildar, Taluk Office of Ayanavaram, Palliyarasan Street, Keelpaulk, Chennai - 600 010.

3. The Revenue Inspector, Kollathur Village, Ayanavaram, Chennai - 600 010.

4. The Village Administrative Officer, Kollathur Village, Ayanavaram, Chennai - 600 010.

... Respondents Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 2nd respondent to issue the patta to the petitioner for the petitioner's Plot No.1118 Pumbugar Nagar, 2nd Main road, Kolathur Village, Chennai within a time fixed by this Court based on my representation dated 11.01.2022.

For Petitioner : Mr.S.Senthil Kumar For Respondents: Mr.A.Anandan Government Advocate

ORDER

This Writ Petition has been filed seeking for a Writ of Mandamus directing the 2nd respondent to issue patta to the petitioner's Plot No.1118 situated at Pumbugar Nagar, 2nd Main road, Kolathur Village, Chennai within a time fixed by this

Court based on petitioner's representation dated 11.01.2022.

2. The case of the petitioner is that, the petitioner's father i.e., Ulagarakshagan purchased a housing plot situated in above said Village through a sale deed in the year 2008. After the demise of the said Ulagarakshagan, the petitioner filed a Civil Suit in this Court in C.S.No.314 of 2019 for partition of the said property. Thereafter, petitioner and the legal heirs of Ulagarakshagan filed a compromise memo in this Court and passed a decree in favour of them on 10.08.2021. Based on the decree, the above said plot was partitioned in favour of the petitioner. Thereafter, petitioner is the absolute owner of the property. While so, the petitioner made a representation dated 11.01.2022 to the 2nd respondent for transfer of patta in favour of him. Since, no action has been taken. The petitioner has approached this Court with the aforesaid prayer.

3. Though very many grounds have been raised, learned counsel for the petitioner submits that it would suffice if this Court issues direction to the 2nd respondent to consider the petitioner's representation dated 11.01.2022 and pass orders on merits within a particular time frame fixed by this Court.

4. The learned Government Advocate for respondents has no objection for said order being passed.

5. Heard learned counsel appearing on either side and perused the materials placed before this Court.

6. In view of the aforesaid submissions, this Court without expressing any opinion on the merits of the case, directs the 2nd respondent to consider the petitioner's representation dated 11.01.2022 and pass appropriate orders on merits and in accordance with law, after affording opportunity of hearing the petitioner, 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-VIII) //True Copy// Sub Assistant Registrar rap/skt

To

1. The District Collector, Collectorate, Chennai.

2. The Tahsildar, Taluk Office of Ayanavaram, Palliyarasan Street, Keelpaulk, Chennai - 600 010.

3. The Revenue Inspector, Kollathur Village, Ayanavaram, Chennai - 600 010.

4. The Village Administrative Officer, Kollathur Village, Ayanavaram, Chennai - 600 010.

+1cc to the Government Pleader SR.No.14163 W.P.No.4295 of 2022 KK(CO) GN(18/03/2022)