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Madras High CourtWP/7182/2019disposed of

Mr. K.Murugesan v. The District Collector

2019-03-15Honourable Mr Justice K. Ravichandrabaabu2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15.03.2019

CORAM

THE HON'BLE MR. JUSTICE K.RAVICHANDRABAABU W.P.No.7182 of 2019 K.Murugesan

...Petitioner

Vs.

1.The District Collector Salem District Salem.

2.The Revenue Divisional Officer Revenue Divisional Office Eathapur, Pethanayackenpalayam taluk Salem District.

3.The Tahsildar Pethanayankenpalayam Taluk Salem District.

...Respondents

Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the third respondent to consider the petitioner's representation dated 30.08.2018 for name transfer in the Revenue records in respect of the property bearing Survey No.139/1, Patta No.316, with an extent 2.85 acres at Idayapatti Village and Post, Pethanayackenpalayam Taluk, Salem District in favour of the petitioner.

For Petitioner :

Mr.L.Rajendran For Respondents:

Mr.E.Balamurugan Special Government Pleader

O R D E R

Mr.E.Balamurugan, learned Special Government Pleader takes notice for the respondents. By consent of the parties, the writ petition is taken up for final disposal at the admission stage itself.

2. The petitioner seeks for a mandamus directing the third respondent to consider his representation dated 30.08.2018, wherein and whereby, he sought for transfer of patta in his favour in the Revenue records in respect of the property bearing Survey No.139/1, Patta No.316, measuring an extent 2.85 acres at Idayapatti Village and Post, Pethanayackenpalayam Taluk, Salem District.

https://hcservices.ecourts.gov.in/hcservices/

3. It is stated that the petitioner has purchased the subject matter property from one Suppan, by way of a registered sale deed vide Document No.305/2003 dated 26.02.2003 and that from the date of purchase, the petitioner is in possession and enjoyment of the said property. It is further stated that the petitioner made a representation dated 30.08.2018, requesting the respondents to transfer the patta in her favour. However, the respondents have not considered the same so far. Hence, the present writ petition is filed before this Court seeking for the relief as stated supra.

4. Heard both sides.

5. This Court, at this stage, is not expressing any view on the merits of the claim made by the petitioner, as it is for the third respondent to consider and decide the same on merits and in accordance with law. Accordingly, this writ petition is disposed of, only by directing the third respondent to consider the representation of the petitioner dated 30.08.2018 and pass orders on the same on merits and in accordance with law, after hearing the petitioner and other interested parties, if any. Such exercise shall be done by the third respondent within a period of six weeks from the date of receipt of a copy of this order. No costs.

Sd/- Assistant Registrar(J) //True Copy// Sub Assistant Registrar mk To 1.The District Collector Salem District,Salem.

2.The Revenue Divisional Officer Revenue Divisional Office Eathapur, Pethanayackenpalayam taluk Salem District.

3.The Tahsildar Pethanayankenpalayam Taluk Salem District.

+1cc to Mr.L.Rajendran, Advocate, S.R.No.25466 +1cc to the Government Pleader, S.R.No.26305 W.P.No.7182 of 2019 RRS(22/04/2019) https://hcservices.ecourts.gov.in/hcservices/