M.Priya v. The Thasildar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.04.2022 CORAM :

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.NO.7808 OF 2022 M.Priya ... Petitioner Vs.

1.

The Tahsildar Kancheepuram Taluk Office, Kancheepuram.

2.

The Revenue Inspector, Sittiyambakkam, Kancheepuram District.

3.

Andal Ammal, Plot No.48, Kannagi Nagar, Enathur Village, Kancheepuram Taluk and District.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the 1st respondent to effect name transfer in Patta No.40, Enathur Village, based on the petition dated 31.01.2022. For Petitioner :

Mr.S.C.Vishwanth For Respondents :

Mr.V.Veluchamy Additional Government Pleader

O R D E R

This Writ Petition has been filed, seeking issuance of a Writ of Mandamus, directing the 1st respondent to dispose of the petitioner's representation dated 31.01.2022 and to transfer the Patta to and in favour of the petitioner for the property in Patta No.40 situated at Enathur Village, Kancheepuram District.

2. The case of the petitioner is that, the petitioner and the third respondent are neighbours. They owned the property in survey No.574/4. For the very same survey number, the petitioner purchased an extent of 1760 sq.ft plot and thereafter, the land was sub-divided as survey No.574/4B. However, inadvertently, the patta was granted in favour of the third respondent. Hence, the petitioner made an application on 31.01.2022 for transfer the patta in respect of the subject property in Patta No.40 situated at Enathur Village, Kancheepuram District, before the first respondent. However, till date, no order has been passed. Hence, the petitioner has filed the present Writ Petition.

3. Though very many grounds have been raised, learned counsel for the petitioner submits that it would be suffice if this Court issues direction to the 1st respondent/The Tahsildhar to consider the petitioner's representation dated 31.01.2022 and pass orders on the same within a particular time frame fixed by this Court.

4.The learned Government Advocate has no objection for said order being passed.

5. In view of the aforesaid submissions, this Court, without expressing any opinion on the merits of the case, directs the 1st respondent/The Tahsildhar to consider and dispose of the representation of the petitioner dated 31.01.2022 and pass appropriate orders on merits and in accordance with law, after providing opportunity to the 3rd respondent and petitioner, within a period of twelve weeks from the date of receipt of a copy of this order. This writ petition is accordingly disposed of. No costs.

Sd/- Assistant Registrar(CS-V) //True Copy// Sub Assistant Registrar Lpp/jd To 1.

The Tahsildar Kancheepuram Taluk Office, Kancheepuram.

2.

The Revenue Inspector, Sittiyambakkam, Kancheepuram District.

+1cc to Mr.S.C.Vishwanth, Advocate, S.R.No.23088 W.P.No.7808 of 2022 MG(CO) RLP(25/04/2022)