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Madras High CourtWP/5363/2020disposed of

K.Nagaraj v. The District Collector

2020-03-03Honourable Mr Justice N. Anand Venkatesh3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.03.2020

CORAM:

THE HONOURABLE Mr. JUSTICE N. ANAND VENKATESH W.P.No.5363 of 2020 K.Nagaraj ... Petitioner -Vs1. The District Collector, Coimbatore, Coimbatore Taluk.

2. The Tahsildar, Coimbatore, Coimbatore District.

3. The Deputy Tahsildhar, Tahsildar Office, Sulur, Coimbatore - 641 402.

4. The Sub-Registrar, Sub-Registrar Office, Sulur, Coimbatore - 641 402.

5. R.Balamani

6. R.Parthiban

7. R.Inthirapriyadharshni ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus forbearing the respondent 1 to 4 from changing the patta in the name of respondents 5 to 7 with respect to the property in S.No.557/1 and 557/3 considering the petitioner's representation dated 15.10.2019 and grant such other relief. For Petitioner : Mr.K.Prabhakaran For Respondents : Mr.J.Purushothaman Additional Government Pleader for R1 to R3 Mr.M.Thamizharasan Additional Government Pleader for R4.

ORDER

This Writ Petition has been filed for the issue of writ of Mandamus, forbearing the respondents from changing the patta in the name of respondents 5 to 7.

2.

The case of the petitioner is that the property originally belonged to his father and he died intestate in the year 1961, left behind the petitioner and his brother. According to the petitioner, the respondents 5 to 7 did not have any right over the property and they are attempting to get the patta mutated in their name. The petitioner has given objections to the respondents in this regard on 15.10.2019. The apprehension of the petitioner is that the patta will be transferred in the name of respondents 5 to 7 without considering the objections made by him. Hence, the present writ petition has been filed before this Court.

3.

Heard the learned counsel appearing for the petitioner and the learned counsel appearing for the respondents. 4.

Taking into consideration the facts and circumstances of the case and the limited relief that has been sought for in this writ petition, there shall be a direction to the 2nd respondent to consider the objections given by the petitioner on 15.10.2019, before taking any decision on the application made by the respondents 5 to 7, who are seeking for mutating their nsmes in the revenue records. The petitioner is directed to make a fresh representation to the 2nd respondent along with the objection letter dated 15.10.2019 and also a copy of this order. No costs.

5.

This writ petition is disposed of with the above directions. No costs.

s/d- Assistant Registrar(CS-III) True Copy Sub-Assistant Registrar rka

To

1. The District Collector, Coimbatore, Coimbatore Taluk.

2. The Tahsildar, Coimbatore, Coimbatore District.

3. The Deputy Tahsildhar, Tahsildar Office, Sulur, Coimbatore - 641 402.

4. The Sub-Registrar, Sub-Registrar Office, Sulur, Coimbatore - 641 402.

+1 CC to Mr.K.Prabhakaran, Advocate sr 19835. +1 CC to The Govt. Pleader sr 19285.

W.P.NO.5363 of 2020 SP(18/03/2020)