G.Manickam, v. The Special Tahsildar,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.03.2022 CORAM :

THE HONOURABLE MR. JUSTICE M.DHANDAPANI W.P. No.6637 of 2022 G.Manickam ... Petitioner Vs.

1. The Special Tahsildar, Town Survey Scheme, Thiruvotriyur, Chennai.

2. The Tahsildar, Office of the Tahsildar, Thiruvotriyur Taluk, Chennai District.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents to consider the representation of the petitioner dated 28.10.2021 and effect mutation of revenue records in the name of the petitioner as per the provisions of Section 10 of the Patta Pass Book Act and pass appropriate orders within a time frame fixed by this Hon'ble Court. For Petitioner : Mr.G.Ilamurugu For Respondents : Mr.V.Velachamy Additional Government Pleader

O R D E R

This Writ Petition has been filed seeking for issuance of a Writ of Mandamus to direct the respondents to consider the petitioner's representation dated 28.10.2021 and effect mutation of revenue records in the name of the petitioner as per the provisions of Section 10 of the Patta Pass Book Act and pass appropriate orders within a time frame fixed by this Court.

2. The learned Additional Government Pleader appearing on behalf of the respondents take notice for the official respondent. In view of the limited relief sought for in this

petition and on the consent of the learned counsel appearing on either side, this petition is taken up for final disposal.

3. The case of the petitioner is that the petitioner's father owned the properties in Survey Nos.618F1, 618/F2 and 618/F3, to an extent of 4050 Sq.Ft. situated at Thiruvotiyur Muncipality, Thiruvotriyur Taluk, Chennai District. Thereafter the petitioner's father sold some portion of the property to an extent of 1156 Sq.Ft to the third party. After the death of petitioner's father petitioner, petitioner, his mother and his sisters jointly sold an another portion of the property to an extent of 549 Sq.Ft. and the remaining portion to an extent of 2162.5 Sq.ft is in possession and enjoyment of the petitioner. Thereafter, the petitioner send a representation to the 2nd respondent on 28.10.2021 for transfer of the remaining portion of the property from petitioner's father name to petitioner' name. However, till date no orders have been passed. Hence, this writ petition is filed with the above said prayer.

4. The learned counsel for the petitioner submitted that it would suffice if this Court issue a direction to the 2nd respondent to consider the petitioner's representation, dated 28.10.2021, and pass orders within a reasonable time that may be fixed by this Court.

5. The learned Additional Government Pleader appearing on behalf of the respondents submitted that the petitioner's representation dated 20.03.2020, will be considered by the respondents, within a reasonable time that may be fixed by this Court.

6. This Court, without going into the merits of the case, directed the 2nd respondent to consider the petitioner's representation dated 28.10.2021, and pass orders on merits and in accordance with law, after providing an opportunity of hearing to the petitioner and to the aggrieved parties, if any, within a period of twelve weeks from the date of receipt of a copy of this order.

7. With the above direction, this Writ petition is disposed of. No costs.

Sd/- Assistant Registrar True Copy// Sub Assistant Registrar

Psa To

1. The Special Tahsildar, Town Survey Scheme, Thiruvotriyur, Chennai.

2. The Tahsildar, Office of the Tahsildar, Thiruvotriyur Taluk, Chennai District.

+1cc to Mr.G.Ilamurugu, Advocate, S.R.No.19961 +1cc to the Government Pleader, S.R.No.20939 W.P. No.6637 of 2022 SKM[co] NSK 05/04/2022