Madras High CourtWP/16455/2016disposed of

M.Manoharan, v. The Tahsildar,

2016-04-29Honourable Mr Justice R.Subbiah2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.04.2016

CORAM

THE HONOURABLE MR.JUSTICE R.SUBBIAH W.P.No.16455 of 2016 M. Manoharan ... Petitioner Vs.

The Tahsildar, Natarampalli, Vellore District ... Respondent PRAYER : Writ petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the respondent to consider and pass order on the petitioner's application dated 25.11.2015 seeking to conduct survey and transfer patta to petitioner's vacant land having an extent of 5 cents comprised in S.No.378/41, situate at Atthur Kuppam Village, Natarampalli Taluk, Vellore District. For Petitioner :

Mr G.Dhandapani For Respondent :

Mr.ERA.Premnath Govt. Advocate.

O R D E R

By consent, the Writ Petition is taken up for final disposal at the stage of admission itself.

2. The petitioner has come forward with this Writ Petition seeking for issuance of Writ of Mandamus upon the respondent to consider and pass orders on the petitioner's application dated 25.11.2015 seeking to conduct survey and transfer patta to petitioner's vacant land having an extent of 5 cents comprised in S.No.378/41, situate at Atthur Kuppam Village, Natarampalli Taluk, Vellore District.

3. According to the petitioner, the petitioner is the owner of vacant land having an extent of 5 cents comprised in S.No.378/41, situate at Atthur Kuppam Village, Natarampalli Taluk, Vellore District and he has acquired the same under a registered sale deed dated 9.6.2015 bearing Document No.1379 of 2015 from his vendor one Seenu. On 25.11.2015, the petitioner submitted an application to the respondent enclosing all the relevant documents https://hcservices.ecourts.gov.in/hcservices/

and title deeds, requesting him to conduct survey of his land and issue patta by transferring the same from the name of his predecessor and along with his application, he had also remitted necessary fee towards survey of land. Since there is no response from the respondent, the petitioner approached his office several times seeking to consider his representation, but till date, no action was taken on his representation. Hence the petitioner has filed the present Writ Petition directing the respondent to conduct survey and transfer patta to petitioner's vacant land by considering his application dated 25.11.2015.

4. It is seen that the application made by the petitioner seeking to conduct survey of his land and to issue patta in favour of him after effecting name transfer is pending before the respondent till date without initiating any action. Hence, this Court, in the interest of justice, without going into the merits of the case, directs the respondent to consider the application of the petitioner dated 25.11.2015 and pass appropriate orders on the same after affording an opportunity of personal hearing to the petitioner as well as to the necessary parties, if any, within a period of eight weeks from the date of receipt of a copy of this order.

5. With the above direction, this Writ Petition is disposed of. No costs.

Sd/- Asst.Registrar (CCC) /true copy/ Sub Asst. Registrar msr To The Tahsildar, Natarampalli, Vellore District.

1 cc to MR.G. Dhandapani, Advocate, Sr. 27557 1 cc to Government Pleader, Sr. 28031 W.P.No.16455 of 2016 SKS (CO) kk 10/6 https://hcservices.ecourts.gov.in/hcservices/