E.Ilamparithi v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.04.2022

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.No.10084 of 2022 E.Ilamparithi

...Petitioner

Vs.

1.The District Collector, Kanchipuram District, Kanchipuram.

2.The Revenue Divisional Collector, Uthiramerur, Kanchipuram District.

3.The Tahsildar, Uthiramerur, Kanchipuram District.

4.Balakrishnan

...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the first and third respondents to transfer the Patta to the petitioner's name in respect of "Perunagar Village survey no.233/2B in (Patta No.864) and Survey No.233/2C (Patta no.1175)" by considering his representation dated 24.01.2022. For petitioner : Mr.G.Punniakoti For Respondents : Mr.Yogesh Kannadasan Special Government Pleader

ORDER

The petitioner has filed this petition seeking direction to the first and third respondents to transfer the Patta to the petitioner's name in respect of "Perunagar Village survey no.233/2B in (Patta No.864) and Survey No.233/2C (Patta no.1175)" by considering his representation dated 24.01.2022.

2. Mr.Yogesh Kannadasan, learned Special Government Pleader takes notice for the respondents 1 to 3. In view of the limited relief sought for in this petition and on the consent

expressed by the learned counsel appearing on either side, this petition is taken up for final disposal.

3.Since, no adverse orders being passed against the fourth respondent, notice to the fourth respondent is dispensed with.

4. The case of the petitioner is that, the petitioner claims to be the owner of the property comprised in S.No.233/2B and S.No.233/2C, situated at Perunagar Village. However, 0.5 cents land in S.No.233/2B and 0.5 cents land in S.No.233/2C were wrongly registered in the name of one Ellappa Mudhaliyar and Aayiyammal. Hence, the petitioner made a representation dated 24.01.2022 before the respondents to transfer the Patta in his name. However, till date no action has been taken by the respondents on the representation made by the petitioner. Hence, the present Writ Petition has been filed by the petitioner for the above relief.

5. Though very many grounds have been raised, learned counsel for the petitioner submits that it would suffice if this Court directs the respondents to consider the petitioner's representation dated 24.01.2022 within the time frame that may be fixed by this Court.

6. The learned Special Government Pleader appearing for the respondents submits that the petitioner's representation dated 24.01.2022 will be considered by the respondents within the time frame that may be fixed by this Court.

7. In view of the aforesaid submissions, this Court without expressing any opinion on the merits of the case, directs the respondents to consider the petitioner's representation dated 24.01.2022, and pass appropriate orders within a period of twelve weeks from the date of receipt of a copy of this order, after affording an opportunity to the aggrieved persons.

8. Accordingly, this writ petition is disposed of with the aforesaid direction. No costs.

s/d- Assistant Registrar True Copy Sub-Assistant Registrar

To 1.The District Collector, Kanchipuram District, Kanchipuram.

2.The Revenue Divisional Collector, Uthiramerur, Kanchipuram District.

3.The Tahsildar, Uthiramerur, Kanchipuram District.

+1 CC to Mr.G.Punniakoti, Advocate sr 28441 +1 CC to The Government Pleader sr 29698.

W.P.No.10084 of 2022 KJ(CO) SP(17/05/2022)