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Madras High CourtWP/20861/2017disposed of

Frank v. The District Collector

2017-08-04Honourable Mr Justice M.Duraiswamy4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.08.2017

CORAM

THE HON'BLE MR.JUSTICE M.DURAISWAMY W.P.No.20861 of 2017 Frank, M/47, S/o Norman Brison, 80/10, Kannapiran Koil Street, Perambur, Chennai-11.

... Petitioner Vs.

1.The District Collector, Tiruvallur District at Tiruvallur.

2.The Tahsildar, Ponneri Taluk, Tiruvallur District.

... Respondents Writ Petition filed under Article 226 of the Constitution of India seeking to issue a Writ of Mandamus, directing the respondents herein, more particularly, the second respondent herein, the Tahsildar, Ponneri Taluk, Thiruvallur District, to consider the petitioner's representation dated 25.07.2017 forthwith in respect of his application for measure and transfer of patta in sub division patta transfer vide Can No.0330104066292 Application No.2017/0105/01/072339 dated 21.06.2017.

For Petitioner : Mr.K.Subramani For Respondents : Mr.E.Balamurugan Additional Government Pleader

O R D E R

The petitioner has filed the above writ petition to issue a writ of mandamus directing the respondents, more particularly, the second respondent, to consider the petitioner's representation dated 25.07.2017 and to measure and transfer of patta in sub division patta transfer Application dated 21.06.2017.

2. The learned counsel appearing for the petitioner submitted that inspite of the petitioner's representation dated 25.07.2017, the second respondent has not sub divided the property and issued patta so far.

3. Mr.E.Balamurugan, learned Additional Government Pleader appearing for respondents, submitted that on payment of necessary charges by the petitioner, the second respondent may be directed to consider the petitioner's representation for sub division of the property and issuance of patta after giving notice to all the parties.

3. Having regard to the submissions made by the learned counsel on either side, without expressing any opinion on the merits of the case, I direct the second respondent, on payment of

necessary charges by the petitioner, to consider the petitioner's representation dated 25.07.2017 for sub division of the property and issuance of patta and pass orders on merits and in accordance with law, after giving notice to all the parties within a period of eight weeks from the date of receipt of a copy of this order. With this observation, the writ petition is disposed of. No costs.

04.08.2017 Index: Yes/No raa To 1.The District Collector, Thiruvallur District at Thiruvallur.

2.The Tahsildar, Ponneri Taluk, Thiruvallur District.

M.DURAISWAMY,J.

raa W.P.No.20861 of 2017 04.08.2017