J.Kathiresan v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATE: 15.06.2015
CORAM
THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN W.P.No.16888 of 2015 J.Kathiresan
...Petitioner
Versus
1 The District Collector Collectorate Kancheepuram District 2 The Tahsildar Sriperumbudur Taluk Office Sriperumbudur 3 The Village Administrative Officer Sriperumbudur Village C-Sector Sriperumbudur Taluk Kancheepuram District.
...Respondents
Prayer: This Writ Petition is filed under Article 226 of the Constitution of India, seeking for a writ of mandamus, directing the respondents to issue patta in petitioner name by considering petitioner representations dated 1.4.2015.
For Petitioner : Mr.R.Dhanasekar For Respondents : Mr.S.V.Duraisolaimalai Additional Government Pleader.
O R D E R
By consent, the writ petition is taken up for final disposal.
2. The petitioner claims that his father had purchased the property admeasuring to an extent of 0.34 cents comprised in Punjai Survey No.1551/3E, situated at Sriperumbudur Village, Sriperumbudur Taluk, Kancheepuram District, by means of a registered sale deed dated 28.10.1985 (Document No.5398/1985 on the file of the office of the Sub Registrar, Sriperumbudur). The petitioner would further state that his father settled the property in his favour, by means of a registered settlement deed bearing Document No.8358/2008 dated
13.06.2008, executed before the very same office and claims to be in possession and enjoyment of the same.
3. The petitioner, thereafter, approached the 2nd respondent for change of patta in his name and he was directed to approach the 3rd respondent and the said official gave an evasive reply. The petitioner also sought information under the provisions of Right to Information Act and he was informed that patta stand in the name of one Munusamy Mudhaliar, and the said person has nothing to do with the present property. The petitioner, in this regard, submitted a representation dated 12.09.2013 to the 1st respondent explaining the above said facts and circumstances and prayed for change of patta in his name. The 1st respondent vide communication dated 23.09.2013, directed the 2nd respondent to take appropriate action, on his representation dated 12.09.2013 and inspite of it, no action has been taken. The petitioner has also submitted a reminder dated 01.04.2015 and since, he has not been favoured with any kind of response came forward to file this writ petition.
4. Heard the submissions of Mr.R.Dhanasekar, learned counsel appearing for the petitioner and Mr.S.V.Duraisolaimalai, learned Additional Government Pleader, who accepts notice for the respondents.
5. This Court, taking into consideration the limited scope of the prayer sought for by the petitioner and without going into the merits of the claim projected by the petitioner, directs the 2nd respondent to consider the representation dated 01.04.2015, submitted by the petitioner, in accordance with law, after putting on notice the persons concerned and pass orders as expeditiously as possible and not later than six weeks from the date of receipt of a copy of this order and inform the decision taken, to the petitioner as well as to the persons concerned.
6. The writ petition is disposed of, accordingly. No costs.
Sd/- Deputy Registrar(J) //True Copy// Sub Assistant Registrar ars
To 1 The District Collector Collectorate Kancheepuram District 2 The Tahsildar Sriperumbudur Taluk Office Sriperumbudur 3 The Village Administrative Officer Sriperumbudur Village C-Sector Sriperumbudur Taluk Kancheepuram District.
1 CC to Mr.R.Dhanasekar, Advocate SR.No. 29279 1 CC to the Government Pleader, SR.No. 29259 W.P.No.16888 of 2015 SV (CO) PSI (23.06.2015)