M.Jayaprakash v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 25.03.2022
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.No.7060 of 2022 M.Jayaprakash
...Petitioner
Vs.
1.
The District Collector, Collectorate, Namakkal District, Namakkal.
2.
The Revenue Divisional Officer, Tiruchengode Taluk, Vellore Road, Tiruchengode, Namakkal District.
3.
The Tahsildar, Office of Tahsildar, Vellore Road, Tiruchengode Taluk, Tiruchengode, Namakkal District.
...Respondents
Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the 3rd respondent to transfer the Patta in Naththam Patta No.702 in to the petitioner name for survey No.378/13 measuring 862.3/4 sq.fts at Marapparai Vatapakam Village, Tiruchengode Taluk, Namakkal District based on the representation of the petitioner dated 04.09.2021. For Petitioner :
Mr.C.Kulanthaivel For Respondents :
Mr.A.Anandan Government Advocate
O R D E R
The petitioner has filed this writ petition seeking issuance of a Writ of Mandamus to direct the 3rd respondent to consider the representation of the petitioner dated 04.09.2021 and to transfer the Patta in Naththam Patta No.702 to the petitioner name.
2. The learned Government Advocate appearing on behalf of the respondents takes notice on behalf of the official respondents. In view of the limited relief sought for in this petition and on the consent expressed by the Learned counsel appearing for either side, this petition is taken up for final disposal.
3. The case of the petitioner is that, the petitioner purchased the land comprised in Survey No.378/3 in Naththam Patta No.702, measuring an extent of 862.3/4 sq.fts situated at Marapparai Vatapakam Village, Tiruchengode Taluk, Namakkal District on 02.11.2016 through registered deed in Document No.2949 from one Malliga. Whileso, the petitioner made a representation dated 04.09.2021 to the Hon'ble Chief Minister Cell and sent a copy of the same to the respondents herein and other revenue authorities, seeking for transfer of patta to his name. Thereafter, the same was forwarded to the 1st respondent by the Deputy Secretary, Revenue and Disaster Management Department, Secretariat, Chennai vide letter dated 29.09.2021 and the 1st respondent has forwarded the same to the 2nd respondent with a copy to the 3rd respondent.
However, till date the same was not considered and no order has been passed on the said representation. While such being the case, the petitioner made another representation dated 27.12.2021 before the respondents herein, however, till date no orders have been passed on the petitioner's representation. Hence, the present Writ petition has been filed with the above said prayer.
4. Though very many grounds have been raised, learned counsel for the petitioner submitted that, it would suffice if this Court issues direction to the 3rd respondent to consider the petitioner's representation dated 04.09.2021 and transfer the patta to the petitioner's name.
5. Learned Government Advocate appearing on behalf of the respondents has no serious objection for the said order being passed and he fairly conceded that, the petitioner's representation dated 04.09.2021 will be considered and appropriate orders will be passed in accordance with law within the time stipulated by this Court.
6. In view of the above submissions, this Court without expressing any opinion on the merits of the case, directs the 3rd respondent to consider the petitioner's representation dated 04.09.2021 on merits and pass appropriate orders in accordance with law within a period of twelve weeks from the date of receipt of a copy of this order.
7. Accordingly, this Writ petition is disposed of. No costs.
Sd/- Assistant Registrar (CS-VII) //True Copy// Sub Assistant Registrar
skt To 1.
The District Collector, Collectorate, Namakkal District, Namakkal.
2.
The Revenue Divisional Officer, Tiruchengode Taluk, Vellore Road, Tiruchengode, Namakkal District.
3.
The Tahsildar, Office of Tahsildar, Vellore Road, Tiruchengode Taluk, Tiruchengode, Namakkal District.
+1cc to Mr.C.Kulanthaivel, Advocate SR. No.20312 +1cc to Government Pleader SR. No.21046 W.P.No.7060 of 2022 PMK (CO) PR (08/04/2022)