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Madras High CourtWP/6644/2018disposed of

C.Ellappan, v. The District Collector

2018-03-22Honourable Mr Justice K. Ravichandrabaabu3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.03.2018

CORAM

THE HONOURABLE MR.JUSTICE K.RAVICHANDRABAABU Writ Petition No.6644 of 2018 1.

C.Ellappan S/o.Late Chinnakulanthai 2.

C.Mahalingam S/o.Late Chinnakulanthai .. Petitioners Vs.

1.

The District Collector O/o. the District Collector Sathuvachari Vellore - 632 009 Vellore District.

2.

The Revenue Divisional Officer / Sub Collector Thirupattur Vellore District.

3.

The Tahsildar Vaniyampadi Taluk Vellore District.

4.

The Zonal Deputy Tahsildar Vaniyambadi Taluk Vellore District.

5.

The Village Administrative Officer 23 Govindapuram Kanavai Pudhur Village Vaniyampadi Taluk, Vellore District.

6.

The Village Assistant O/o.Village Administrative Officer 23 Govindapuram Kanavai Pudhur Village Vaniyampadi Taluk, Vellore District.

.. Respondents Writ petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus, directing the respondents to consider the petitioner's application dated 06.02.2018 for name transfer of Patta and thereby direct the

respondents to include the name of the petitioners in the existing Patta No.3 in respect of the property situated in Survey No.27/5A, Govindapuram Village, Vaniyampadi Taluk, Vellore District totally to an extent of 1.79 Hectares or 4.42 Acres of land including house site and issue joint patta in the name of the petitioners.

For Petitioners : Mr.A.Rajesh Kanna For Respondents : Mr.M.Jothi Kumar Additional Government Pleader

O R D E R

Mr.M.Jothi Kumar, learned Additional Government Pleader takes notice for the respondents. By consent of the parties, the main writ petition is taken up for final disposal at the admission stage itself.

2. The petitioners seek for a mandamus directing the respondents to consider their application dated 06.02.2018, wherein and whereby they sought for transferring Patta in their name in respect of the property situated in Survey No.27/5A, Govindapuram Village, Vaniyampadi Taluk, Vellore District totally to an extent of 1.79 Hectares or 4.42 Acres of land including house site and consequently, to issue joint patta in the name of the petitioners.

3. Heard both sides.

4. The grievance of the petitioners before this Court is that the said request has not been considered by the respondents so far. This Court, at this stage, is not expressing any view on the merits of the claim made by the petitioners, as it is for the respondents to consider and decide the same. Thus, this writ petition is disposed of, only with a direction to the respondents to consider the application of the petitioners dated 06.02.2018 and pass orders on the same, on merits and in accordance with law, after hearing the petitioners as well as the rival claimants and the other interested parties, if any. Such exercise shall be done by the respondents within a period of twelve weeks from the date of receipt of a copy of this order. No costs.

Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar mk

To 1.The District Collector O/o. the District Collector Sathuvachari Vellore - 632 009 Vellore District.

2.The Revenue Divisional Officer / Sub Collector Thirupattur Vellore District.

3.The Tahsildar Vaniyampadi Taluk Vellore District.

4.The Zonal Deputy Tahsildar Vaniyambadi Taluk Vellore District.

5.The Village Administrative Officer 23 Govindapuram Kanavai Pudhur Village Vaniyampadi Taluk, Vellore District.

6.The Village Assistant O/o.Village Administrative Officer 23 Govindapuram Kanavai Pudhur Village Vaniyampadi Taluk, Vellore District.

+1cc to Mr.A.Rajeshkannan, Advocate, S.R.No.21672 +1cc to the Government Pleader, S.R.No.22345 W.P.No.6644 of 2018 KGK(CO) RRK(05/04/2018)