Rightway Developers Pvt Ltd., v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 29.04.2022
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.No.11516 of 2022 Rightway Developers Pvt Ltd.
rep. by its Director Chakwa Mohamemd Pervaz registered office at No.843 Madurai Ismail Sahib Street, Khaderpet, Vaniyambadi Tirupattur District.
...Petitioner
Vs.
1 The District collector Tirupattur District at Tirupattur.
2 The District Revenue Officer Tirupattur District.
3 The Thasildar Vaniyambadi, Tirupattur District. ...Respondents The writ petition filed under Article 226 of the Constitution of India, to issue a writ of Mandamus directing the 3rd respondent to consider and pass orders on the representation dated 09.03.2022 seeking transfer of patta pursuant to the 2nd respondents proceedings made in O.Mu. D3/ 2578/ 2022 dated 04.04.2022 on merits and as per law within a time to be stipulated by this Honourable Court.
For Petitioner : Mr.L.Chandrakumar For Respondents : Mr.Yogesh Kannadasan, SGP
ORDER
The Writ Petition has been filed seeking direction to the 3rd respondent to consider and pass orders on the representation dated 09.03.2022 seeking transfer of patta pursuant to the 2nd respondents proceedings made in O.Mu. D3/ 2578/ 2022 dated 04.04.2022 on merits and as per law within a time to be
stipulated by this Honourable Court.
2.The case of the petitioner is that the petitioner purchased the property situated in Ward-F/Block-23, TS.No.1, Vaniyambadi Town came to be purchased to an extent out of about 1.45 acres, 50% therein to an extent of about 72.5 cents for a valuable sale consideration vide document No.5787/2010 dated 09.03.2010 on the file of the Sub-Registrar, Vaniyambadi. After purchase, the petitioner made an application to the second respondent seeking transfer of patta, which is not considered till date and hence, the present writ petition has been filed before this Court seeking with the afore said prayer. 3.The learned counsel for the petitioner submitted that this Court may issue a direction to the respondents to consider the petitioner's representations dated 09.03.
2022 and to transfer the patta in favour of the petitioner in respect of the afore said property within the time limit as fixed by this Court. 4.The learned Government Advocate fairly submitted that the representation will be considered and necessary orders will be passed in accordance with law within the time frame as fixed by this Court.
5.Heard both sides and perused the materials available on record.
6.Considering the facts and circumstances of the case and the submission made on either side, this Court, without expressing any opinion on the merits of the case, directs the respondents to consider the petitioner's representation dated 09.03.2022 and to pass orders in favour of the petitioner, after providing necessary opportunity to the petitioner, on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order.
7.With the above directions, these writ petitions are disposed of. No costs.
Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar rli To
1. The District collector Tirupattur District at Tirupattur.
2. The District Revenue Officer Tirupattur District.
3. The Thasildar Vaniyambadi, Tirupattur District.
+1cc to Mr.L.Chandrakumar, Advocate, S.R.No.30522 +1cc to the Government Pleader, S.R.No.31009 W.P.No.11516 of 2022 JPL(CO) RGA(23/05/2022)