N.Dhanasekaran v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.04.2015

CORAM

THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN W.P.No.12977 of 2015 N.Dhanasekaran ... Petitioner Vs.

1.The District Collector, Villupuram District, Villupuram.

2.The Additional District Surveyor, Villupuram District, Villupuram.

3.The Tahsildar Taluk Office Chinnasalem.

4.Head Surveyor, Taluk Office Chinnasalem.

... Respondents Prayer:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents to consider the petitioner's application dated 20.03.2015 for transfer of patta by making necessary Survey and Sub-Division with regards to petitioner's 1/3 share in the pathway runs through S.Nos.40/4; 851/4 and 10; 852/1, 1A, 1B, 5, 6, 8, 9 and 12 851/10 and 852/1B, 2 and 3 and pass orders thereof and also the representation of the petitioner dated 28.02.2014 on merits and in accordance with law within a time frame as may be stipulated by this Hon'ble Court.

For Petitioner : Mr.S.Rajendiran For Respondents: Mr.V.Subbiah Special Government Pleader

O R D E R

By consent, the writ petition is taken up for final disposal. 2.Petitioner submitted an application dated 28.02.2015 to the third respondent stating that he purchased 1/3 share in a private pathway which runs through the survey nos.40/4; 851/4 and 10; 852/1, https://hcservices.ecourts.gov.in/hcservices/

1A, 1B, 5, 6, 8, 9 and 12 851/10 and 852/1B, 2 and 3 and prayed for transfer of patta by making necessary survey and sub-division . The said application was also followed by reminder dated 20.03.2015 and since he has not been favoured with any response, came forward to file this writ petition.

3.Heard the submissions of Mr.S.Rajendiran, learned counsel appearing for the petitioner and Mr.V.Subbiah, learned Special Government Pleader appearing for the respondent. 4.Though the petitioner prayed for a larger relief, this Court in the facts and circumstances without going into the merits of the claim projected by the petitioner, directs the third respondent to consider and dispose of the petitioner's application dated 28.02.2015 and the reminder dated 20.03.2015 in accordance with law after putting on notice to the persons concerned and pass orders within a period of twelve weeks from the date of receipt of a copy of this order and communicate the decision to the petitioner as well as to the persons concerned.

5.The writ petition is disposed of accordingly. No costs. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar pri To 1.The District Collector, Villupuram District, Villupuram.

2.The Additional District Surveyor, Villupuram District, Villupuram.

3.The Tahsildar Taluk Office Chinnasalem.

4.The Head Surveyor, Taluk Office Chinnasalem.

+ 1 cc to Mr.S.Rajendiran, Advocat Sr.24100 + 1 cc to Government Pleader Sr.24261 W.P.No.12977 of 2015 SSI(CO) EU 22.05.15 https://hcservices.ecourts.gov.in/hcservices/