A.Velan v. The Sub Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.03.2017

CORAM:

THE HONOURABLE MR. JUSTICE M.SATHYANARAYANAN W.P.No.5787 of 2017 A.Velan ..

Petitioner Vs.

1. The Sub Collector, Tindivanam.

2. The Thasildhar Tindivanam.

..

Respondents Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Mandamus directing the respondents to transfer the patta in favour of petitioner in respect of the properties in Survey No.9/13 - 0.05.50 ares and Survey No.9/8 - 0.36.00 ares situate at Kuruvamapettai Village, Tindivanam Taluk.

For Petitioner :

Mr.N.Suresh For Respondents :

Mr.S.N.Parthasarathy, GA

O R D E R

By consent, the writ petition is taken up for final disposal. Mr.S.N.Parthasarathy, learned Government Advocate accepts notice on behalf of the respondents.

The petitioner in his affidavit filed in support of this writ petition would state among other things, that his grand mother viz., Chinnakannu Ammal, is the owner of the lands in Iyan Punja S.No.154 at Kuruvampettai Village, Endiyur Madhura, Tindivanam Taluk and on account of the fact that she became aged, executed a deed of registered Settlement Deed bearing Document No.249/1961 in favour of her son namely Mr.K.Arumuga Kounder, the father of the petitioner and from that date onwards, the said property was in his possession and enjoyment. The father of the petitioner was also granted patta bearing No.83, and however, in the Resurvey, he was granted with patta No.1, The petitioner would further aver that his father died on 22.05.1988 and apart from him, his sisters S.Kuppammal and G.Rani are the legal heirs and for transfer of patta in their names, they have submitted numerous petitions / representations and last of such representation was submitted on 28.01.2017 and in spite of receipt and acknowledgment, no orders have been passed and https://hcservices.ecourts.gov.in/hcservices/

therefore, the petitioner came forward to file this Writ Petition.

Heard the learned counsel for the petitioner and Mr.S.N.Parthasarathy, learned Government Advocate appearing for the respondents.

Though the petitioner has prayed for a larger relief, this Court, in the light of the above facts and circumstances and without going into the merits of the claim projected by the petitioner, directs the 2nd respondent to entertain the representation on 28.01.2017 submitted by the petitioner, if the papers are otherwise in order and thereafter, put the concerned person/s on notice and pass orders on merits and in accordance with law within a period of ten weeks from the date of receipt of copy of this order and communicate the decision taken, to the petitioner as well as to the person/s concerned.

The Writ petition stands disposed of with the above direction.

No costs.

Sd/- Asst.Registrar (J) /true copy/ Sub Asst. Registrar To

1. The Sub Collector, Tindivanam.

2. The Thasildhar Tindivanam.

+1 cc to M/s.N.Suresh,advocate,sr.15371 +1 cc to Govt.Pleader,sr.15291.

nr(co) krd 20/3 W.P.No.5787 of 2017 https://hcservices.ecourts.gov.in/hcservices/