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Madras High CourtWP/8632/2022disposed of

P.Venkateswaran v. The District Collector

2022-04-07Honourable Mr Justice M.Dhandapani2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.04.2022

CORAM:

THE HON'BLE MR.JUSTICE M.DHANDAPANI W.P.NO.8632 OF 2022 P.Venkateswaran

...Petitioner

vs.

1.

The District Collector, Namakkal, Namakkal District.

2.

The Zonal Deputy Tahsildar, Tiruchengode Taluk, Namakkal District.

...Respondents

Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus directing the respondents to transfer the Patta in the name of the petitioner by effecting modification of entries, in respect of the properties covered under the partition deed dated 13.11.2020 (Doc.No.2104/2020) by considering his application No.2022/0103/09/274975 dated 17.03.2022.

For Petitioner : Mr.N.Manokaran For Respondents : Mr.A.Anandan, Government Advocate

ORDER

This Writ Petition has been filed by the petitioner seeking for the issuance of a Writ of Mandamus to direct the respondents to transfer the Patta in his name by effecting modification of entries, in respect of the properties covered under the partition deed dated 13.11.2020 (Doc.No.2104/2020) by considering his application No.2022/0103/09/274975 dated 17.03.2022.

2.The case of the petitioner is that the petitioner's father had entered into a registered partition deed dated 13.11.2020 for the following S.Nos.107/1B, 107/2, 107/3, 107/4B, 108/1 & 110/3, which were alloted in his favour. After the demise of the https://hcservices.ecourts.gov.in/hcservices/

petitioner's father, the petitioner became the owner of the properties. Therefore, the petitioner has made an Online application dated 17.03.2022 in respect of the aforesaid survey numbers before the second respondent, seeking to transfer the Patta in his name based on the registered partition deed. As the said application/representation made by the petitioner has evoked no response from the respondents, the petitioner has filed this present Writ Petition.

3.The learned counsel for the petitioner submits that, it would suffice, if this Court issues direction to the second respondent to consider the petitioner's representation dated 17.03.2022 and pass orders on the same within a particular time frame that may be fixed by this Court.

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

5. In view of the above, this Court, without expressing any opinion on the merits of the case, directs the second respondent to consider the petitioner's representation dated 17.03.2022 and pass appropriate orders on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order.

6.With the above directions, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar jd/sp To:

1. The District Collector, Namakkal,Namakkal District.

2. The Zonal Deputy Tahsildar, Tiruchengode Taluk, Namakkal District.

+1cc to Mr.N.Manokaran, Advocate, S.R.No.24346 +1cc to the Government Pleader, S.R.No.24544 W.P.No.8632 of 2022 PL(CO) RGA(27/04/2022) https://hcservices.ecourts.gov.in/hcservices/