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Madras High CourtWP/7262/2022disposed of

V.Velmurugan v. The District Collector

2022-03-29Honourable Mr Justice M.Dhandapani3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.03.2022

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.No.7262 of 2022 W.M.P.No.7293 of 2022 1.V.Velumurugan 2.Lakshmi

...Petitioners

Vs.

1. The District Collector, Kallakurichi District, Kallakurichi.

2. The District Revenue Officer, Kallakurichi District, Kallakurichi.

3. The Revenue Divisional Officer, Kallakurichi District, Kallakurichi.

4. The Tahsildar, Kallakurichi Taluk & District, Kallakurichi.

5. The Revenue Inspector, Kallakurichi Firkha, Kallakurichi, Kallakurichi Taluk & District.

6. The Village Administrative Officer, Kallakurichi, Kallakurichi Taluk & District

...Respondents

Prayer:

Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the fourth respondent herein to consider petitioner's patta transfer application dated 28.02.2022 and consequently grant revisedpatta in Survey No.101/1A (New Survey No.101/6, 101/13) measuring an extent of 5486 sq.ft in Kallakurichi, Taluk & District in the names of the petitioners as per the partition

deed 09.06.1982 registered as Document No.834/1982 at the earliest point of time.

For petitioners :

Mr.N.Elumalai For Respondents :

Mr.M.Murali Government Advocate

ORDER

The petitioners have filed this petition seeking direction to the fourth respondent herein to consider petitioner's patta transfer application dated 28.02.2022 and consequently grant revised-patta in Survey No.101/1A (New Survey No.101/6, 101/13) measuring an extent of 5486 sq.ft in Kallakurichi, Taluk & District in the names of the petitioners as per the partition deed 09.06.1982 registered as Document No.834/1982 at the earliest point of time.

2. Mr.M.Murali, learned Government Advocate takes notice for the respondents. In view of the limited relief sought for in this petition and on the consent expressed by the learned counsel appearing on either side, this petition is taken up for final disposal.

3. The case of the petitioners is that they are the owners of the property comprised in Survey No.101/1A (New Survey No.101/6, 101/13), measuring an extent of 5486 Sq.ft, situated at Kallakurichi. The petitioners have acquired the above said property by way of partition deed dated 09.06.1982 and obtained patta in their name. However, there were some wrong entries in the Patta, hence, to rectify the mistakes and for transfer of revised Patta petitioners have made an application dated 28.02.2022, before the fourth respondent. However, till date no action has been taken by the first respondents on the representation made by the petitioners. Hence, the present Writ Petition has been filed by the petitioners for the above relief.

4. Though very many grounds have been raised, learned counsel for the petitioner submits that it would suffice if this Court directs the fourth respondent to consider the petitioner's representation dated 28.02.2022 within the time frame that may be fixed by this Court.

5. The learned Government Advocate appearing for the respondents submits that the petitioner's representation dated 28.02.2022 will be considered by fourth respondent within the time frame that may be fixed by this Court.

6. In view of the aforesaid submissions, this Court without expressing any opinion on the merits of the case, directs the fourth respondent to consider the petitioner's representation dated 28.02.2022, and pass appropriate orders within a period of twelve weeks from the date of receipt of a copy of this order, after affording opportunity to the aggrieved persons.

7. Accordingly, this writ petition is disposed of with the aforesaid direction.

No costs. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar (CS-VIII) //True Copy// Sub Assistant Registrar tri/nhs To

1. The District Collector, Kallakurichi District, Kallakurichi.

2. The District Revenue Officer, Kallakurichi District, Kallakurichi.

3. The Revenue Divisional Officer, Kallakurichi District, Kallakurichi.

4. The Tahsildar, Kallakurichi Taluk & District, Kallakurichi.

5. The Revenue Inspector, Kallakurichi Firkha, Kallakurichi, Kallakurichi Taluk & District.

6. The Village Administrative Officer, Kallakurichi, Kallakurichi Taluk & District.

+1cc to Mr.N.Elumalai, Advocate SR. No.20857 +1cc to Government Pleader SR. No. 21748 W.P.No.7262 of 2022 W.M.P.No.7293 of 2022 SKM (CO) PR (19/04/2022)