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Madras High CourtWP/11186/2018disposed of

Mrs. Deepa Vadivel v. The Collector

2018-04-28Honourable Mr Justice T.Raja3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.04.2018

CORAM

THE HONOURABLE MR. JUSTICE T.RAJA W.P.No.11186 of 2018 Deepa Vadivel ... Petitioner Vs.

1.The Collector, Thiruvallur, Thiruvallur Collectorate.

2.The Tahsildar, Ambattur Taluk, Ambattur, Chennai.

3.The Head Surveyor, Office of the Tahsildar, Ambattur Taluk, Ambattur.

... Respondents Writ Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus directing the respondents to transfer the name in patta from the erstwhile owner to and in favour of the petitioner herein, in respect of the property situated at "Annai Mariya Nagar" comprised in O.S.No.678/4B now in T.S.No.21/23 & 21/24 bearing Block No.17, Ward E situated at Korattur Village, Ambattur Taluk, Thiruvallur Revenue District pursuant to the application dated 14.07.2017 ref.No.1521 within a reasonable time.

For Petitioner : Mr.Rishi S.Ahuja For Respondents: Mr.S.N.Parthasarathi, Government Advocate

O R D E R

This Writ Petition has been filed seeking a direction to the respondents to transfer the name in patta in favour of the petitioner in respect of the property situated at "Annai Mariya Nagar" comprised in O.S.No.678/4B now in T.S.No.21/23 & 21/24 bearing Block No.17, Ward E situated at Korattur Village, Ambattur Taluk, Thiruvallur Revenue District pursuant to the application dated 14.07.2017.

2.The learned counsel appearing for the petitioner has submitted that by a Sale Deed 14.07.2016 registered as

Doc.No.3936 of 2016 in the office of the Sub Registrar, Villivakkam, the petitioner has purchased the property from G.Srinivasan and K.Suresh. The original patta issued in the name of N.Kasi, K.Suresh, H.Govindan and G.Srinivasan on 28.06.2016 from the office of the Deputy Tahsildar, Ambattur, also shows that the land covered in the Survey No.678/4B belongs to the vendors. Subsequently, the petitioner has also obtained online Encumbrance Certificate for the period from 27.12.1993 to 29.03.2017 and thereafter, filed an application for transfer of patta on 14.07.2017. On 28.08.2017, the petitioner has also sent a representation for transfer of patta citing the pendency of the application for transfer of patta. Thereafter, the petitioner has sent another representation on 12.12.2017. But inspite of repeated representations, no action has been taken to consider the petitioner's application.

3.Mr.S.N.Parthasarathi, learned Government Advocate appearing for the respondents submitted that sufficient time may be granted to consider the petitioner's representations. 4.Since the petitioner has purchased the property under a registered Sale Deed from the previous pattadars in whose name patta has also been issued in patta dated 28.06.2016, the 2nd respondent is directed to consider the representation of the petitioner, the Sale Deed, patta and other documents and pass orders within a period of four weeks from the date of receipt of a copy of this order.

5.With these directions, the Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar va To 1.The Collector, Thiruvallur, Thiruvallur Collectorate.

2.The Tahsildar, Ambattur Taluk, Ambattur, Chennai.

3.The Head Surveyor, Office of the Tahsildar, Ambattur Taluk, Ambattur.

+2cc to Mr.Rishi S.Ahuja, Advocate sr.no.32430 +1cc to Government Pleader in sr.no.32749 W.P.No.11186 of 2018 na(co) nr 01/06/2018