Madras High CourtWP/3944/2021disposed of

K.Vinayagm v. The District Collector

2021-02-24Honourable Mr Justice N. Seshasayee2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.02.2021 CORAM : JUSTICE N.SESHASAYEE W.P.No.3944 of 2021 and WMP.No.4505 of 2021 1.K.Vinayagam 2.S.Banumathi ...

Petitioners Vs.

1.The District Collector Office of the Chennai Collectorate Singaravellar Maligai Rajaji Salai Chennai - 600 001.

2.The Tahsildar Mambalam Guindy Taluk Office Chennai - 600 083.

...

Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus to direct the respondents to consider the petitioner's application dated 04.11.2019 which was acknowledged by the 1st respondent and the same was forwarded to the 2nd respondent Vide letter No.Na.Ka.No.J5/35778/2020 and further direct the 2nd respondent to issue Patta in the name of the 2nd petitioner based on her application dated 17.06.2019.

For Petitioner : Mr.R.Ganesh Babu For Respondents: Ms.R.Janaki Additional Government Pleader

ORDER

The case of the petitioners is that the second respondent had purchased a portion of land from his vendor, the first petitioner herein, and she had applied for transfer of patta in her favour to the second respondent on three occasions. Since her request was rejected without any valid ground, the first petitioner has approached the first respondent with his representation dated 04.11.2019, which was acknowledged by the first respondent and the same was forwarded to the second respondent on 19.02.2020 for necessary action. Since no response is forthcoming, the petitioners are before this Court in this writ petition.

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2. Heard the learned counsel for the petitioners. Mrs. R.Janaki, learned additional Government Pleader takes notice for respondents and makes a statement on instruction that the enquiry for the purpose is scheduled to take place at 3.00 p.m., on 12.03.2021 in the office of the Tahsildar, Mambalam Guindy Taluk, the second respondent herein. The said statement is recorded.

3. Inasmuch as the date for enquiry is fixed by the respondents, no direction is required to be given, except that the second respondent / Tahsildar, Mambalam Guindy Taluk, is directed to hold an enquiry after issuing notices to all the parties who are likely to be affected by his decision, and after providing the parties a fair and effective hearing and to dispose of the said representation through a speaking order within a period of twelve (12) weeks from the date of service of order copy, subject to such time that may be lost in responsibilities connected with the ensuing General Election of the Tamil Nadu State Legislative Assembly, 2021.

4. The writ petition is disposed of accordingly. No costs. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar(CS-VII) //True Copy// Sub Assistant Registrar ds To:

1.The District Collector Office of the Chennai Collectorate Singaravellar Maligai Rajaji Salai Chennai - 600 001.

2.The Tahsildar Mambalam Guindy Taluk Office Chennai - 600 083.

+1cc to the Government Pleader SR.11429 W.P.No.3944 of 2021 GPL(CO) CB(09/03/2021) https://hcservices.ecourts.gov.in/hcservices/