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Madras High CourtWP/5222/2020disposed of

P.Vellaiyan v. The Sub Collector / Revenue

2021-11-26Honourable Mr Justice G.K. Ilanthiraiyan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.11.2021

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN W.P.No.5222 of 2020 P.Vellaiyan ... Petitioner Vs

1. The Sub-Collector/Revenue Divisional Officer, Mettur Revenue Division, Mettur Dam, Salem District.

2. The Tahsildar, Omalur Taluk, Omalur, Salem District.

... Respondents Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the second respondent to transfer and issue separate patta in the name of the petitioner viz., Vellaiyan for his land in S.No.5/14, situated at Tharamangalam Village, Omalur Taluk, Salem District based on the application dated 10.10.2019. For Petitioner : Mr.M.R.Jothimanian For Respondents : Mr.Yogesh Kannadasan Special Government Pleader

ORDER

This writ petition has been filed to issue a Writ of Mandamus, directing the second respondent to transfer and issue separate patta in the name of the petitioner, viz., Vellaiyan for his land in S.No.5/14, situated at Tharamangalam Village, Omalur Taluk, Salem District, based on the application dated 10.10.2019.

2. The petitioner made an application for transfer and issuance of separate patta before the second respondent on https://hcservices.ecourts.gov.in/hcservices/

10.10.2019. Thereafter, the second respondent did not conduct any enquiry and as such, the petitioner filed this Writ Petition. However, while pending the Writ Petition, the second respondent issued summons to the petitioner for the enquiry to be conducted on 15.03.2020 and now, the enquiry is pending on the file of the second respondent.

3. Considering the above facts and circumstances of this case, the second respondent is directed to issue fresh notice to the petitioner and counter parties, if any within a period two weeks from the date of receipt of a copy of this order. Thereafter, the second respondent is directed to conduct enquiry, after giving opportunity of hearing to the petitioner and counter parties, if any and pass appropriate orders on merits and in accordance with law, within a period of twelve weeks.

4.With the above direction, this Writ Petition is disposed of. No costs.

SD/- ASSISTANT REGISTRAR // TRUE COPY // SUB ASSISTANT REGISTRAR kv To

1. The Sub-Collector/Revenue Divisional Officer, Mettur Revenue Division, Mettur Dam, Salem District.

2. The Tahsildar, Omalur Taluk, Omalur, Salem District.

+1cc to Mr.M.R.Jothimanian, Advocate Sr.61624 +1cc to the Government Pleader Sr.62222 W.P.No.5222 of 2020 pm[co] srg 14/12/2021 https://hcservices.ecourts.gov.in/hcservices/