Palani v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27.02.2017

CORAM:

THE HONOURABLE MR.JUSTICE B.RAJENDRAN WRIT PETITION No.4804 of 2017 Palani ... Petitioner vs.

1.

The District Collector, Villupuram District.

2.

The Revenue Divisional Officer, Kallakurichi, Villupuram District.

3.

The Revenue Tahsildar, Sankarapuram Taluk, Villupuram District.

... Respondents Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of mandamus, directing the 3rd respondent to consider the petitioner's application dated 29.08.2016 for patta name transfer and sub-division in accordance with law.

For Petitioner :

Mr.S.Mohamed Ansar For Respondents :

Mr.S.V.Durai Solaimalai, Addl. Government Pleader

O R D E R

The petitioner has filed this Writ Petition seeking a direction to the 3rd respondent to consider his application dated 29.08.2016 for patta name transfer and sub-division in accordance with law.

2.According to the petitioner, he is in possession and enjoyment of the agricultural land situated at Kalayanallur Village, Sankarapuram Taluk, Villupuram District in Survey No.144/3A, 3B and 144/19B, 19C to an extent of 88.25 cents in New Patta No.495, 414 and 94, respectively, vide registered sale deed in Document No.4292/2011, dated 15.12.2011.

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3.The case of the petitioner is that he applied for Patta name transfer and sub-division in respect of the said lands to the 3rd respondent on 29.08.2016 along with necessary documents and requisite fee. Since the 3rd respondent did not take steps to issue him patta, the petitioner further made a representation dated 26.10.2016 to the respondents by registered post. As no reply is forthcoming from the respondents, the petitioner is before this Court.

4.Heard the learned counsel on either side and perused the material documents available on record.

5.Considering the facts and circumstances of the case, this Court directs the 3rd respondent herein to consider the petitioner's application dated 29.08.2016 seeking issuance of patta name transfer and sub-division, on merits and in accordance with law, and pass appropriate orders within a period of three months from the date of receipt of a copy of this order. This Writ Petition is disposed of with the above direction. No costs.

-s/dAssistant Registrar True Copy Sub-Assistant Registrar aeb To:

1.

The District Collector, Villupuram District.

2.

The Revenue Divisional Officer, Kallakurichi, Villupuram District.

3.

The Revenue Tahsildar, Sankarapuram Taluk, Villupuram District.

+1 CC to Mr.S.Mohamed Ansar, Advocate Sr.No.12298 Order in W.P.No.4804 of 2017 NR(CO) KP(17.03.2017) https://hcservices.ecourts.gov.in/hcservices/