Zion Pentecostal Church v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01.03.2021 CORAM: JUSTICE N.SESHASAYEE WP.No.4494 of 2021 & WMP No.5121 of 2021 Zion Pentecostal Church Rep by its Superintending Pastor, Rev.Immanuel Paul, S/o.Paul No.8, Palar River Bund, Near New Bus Stand, Vellore, Vellore District.

...Petitioner

-Vs1.District Collector, Vellore District, Collectorate Building, Vellore-632 009.

2.Corporation Commissioner, Vellore Corporation, Infantry Road, Vellore-632 001.

3.Thasildar, Vellore Taluk Office, Velappadi, Vellore-632 001.

4.Sub-Registrar, Vellore Sub-Registration Office, Velappadi, Vellore.

5.Wilson S/o.Samuel 6.Kanga Sundari W/o.Late I.Jeevarathinam 7.Jacob Prem Anand S/o.Jeevarathinam ...Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 to 3 to reject the patta name transfer and measurement request of the respondents 5 to 7 in survey no.1777

of Vadavellore Village, Vellore Taluk based upon the petitioner's representation dated 11.02.2021. For Petitioner : Mr.M.J.Sundar For R1 to R3 : Mr.G.Rajesh, GA For R4 : Mr.T.M.Pappiah, Spl G.P.

ORDER

This Writ Petition has been filed by the petitioner, seeking for issuance of a Writ of Mandamus, directing the respondents 1 to 3 to reject the patta name transfer and measurement request of the respondents 5 to 7 in survey no.1777 of Vadavellore Village, Vellore Taluk based upon the petitioner's representation dated 11.02.2021.

2. Mr.G.Rajesh, learned Government Advocate takes notice for respondents 1 to 3 and Mr.T.M.Pappiah, learned Special Government Pleader takes notice for respondent 4.

3. The learned Government Advocate would submit that both the petitioner and the respondents 5 to 7 have given separate petitions to the 3rd respondent, Tahsildar concerned and that an enquiry in the matter has already commenced on 23.02.2021. He prays a reasonable time for disposing of both the petitions, after conclusion of the general elections.

4. The 3rd respondent is now directed to fix a date within two weeks after the conclusion of the General Elections to the Legislative Assembly - 2021, after issuing notice to all the parties who are likely to be affected by his decision, provide them a fair and effective hearing, and dispose of the matter through a speaking order within a period of twelve (12) weeks thereafter.

5.The Writ Petition is disposed of accordingly. No costs. Consequently, connected miscellaneous is closed. s/d- Assistant Registrar True Copy Sub-Assistant Registrar

To 1.The District Collector, Vellore District, Collectorate Building, Vellore-632 009.

2.The Corporation Commissioner, Vellore Corporation, Infantry Road, Vellore-632 001.

3.The Thasildar, Vellore Taluk Office, Velappadi, Vellore-632 001.

4.The Sub-Registrar, Vellore Sub-Registration Office, Velappadi, Vellore.

+1 CC to Mr.M.J.Sundar, Advocate sr 12871.

+1 CC to The Government Pleader sr 12787.

W.P.No.4494 of 2021 GPL(CO) SP(19/03/2021)