Mrs. C.Selvakumari, v. The District Collector,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 29.06.2015
CORAM
THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN W.P.No.18784 of 2015 C.Selvakumari ..
Petitioner -Vs1.The District Collector, Thiruvallur District, Thiruvallur.
2.The Tahsildar, Tiruthani Taluk, Thiruvallur District.
..
Respondents Petition filed under Article 226 of The Constitution of India, praying for the issuance of a Writ of Mandamus directing the respondents to issue separate patta for house plot bearing No.106 to an extent of 1661 sq. ft. in RICH INDIA Vasanthapuram - Phase II layout comprised in Survey No.136/4, situated at Chinnamandali Village, Tiruthani Taluk, Tiruvallur District to the petitioner. For Petitioner ..
Mr.V.Sithannan For Respondents ..
Ms.P.Rajalakshmi, Govt. Advocate
ORDER
By consent, the writ petition itself is taken up for final disposal.
2.The petitioner claims that he is the owner of the land in Plot No.106 measuring an extent of 1661 sq.ft. in Rich India Vasanthapuram - Phase II layout comprised in Survey No.136/4 situated at Chinnamandali Village, Tiruthani Taluk, Thiruvallur District and claimed to have purchased the same by means of registered sale deed dated 16.07.2012 registered as Document No.4461/2012 on the file of the Sub Registrar, Thiruvalankadu. The petitioner, after purchase, submitted an application dated 03.10.2013 to the second respondent praying for issuance of
separate patta by paying necessary fees as well as enclosing relevant documents. Since it has not been disposed of, he submitted a reminder dated 18.05.2015 to the District Collector, the first respondent, who in turn, forwarded the same to the Revenue Divisional Officer on the same day and since he has not been favoured with any response, he came forward to file this writ petition.
3.Heard the submissions of Mr.V.Sithannan, learned counsel appearing for the petitioner and Ms.P.Rajalakshmi, learned Government Advocate, who accepts notice on behalf of the respondents.
4.The Secretary to Government, Revenue Department has taken note of the order dated 08.04.2015 made in W.P.No.10142 of 2015, and issued a letter No.18294/2015 I(1)/2015-2 dated 26.05.2015 to the Commissioner of Land Administration, Commissioner of Revenue Administration, Director of Survey and Settlement stating among other things that in respect of the issue relating to transfer of name for the patta, the said authorities are directed to issue strict instructions to all the officers concerned, at Taluk/District level under the control of the District administration, to scrupulously follow and strictly adhere to the guidelines issued under G.O.Ms.No.210 Revenue (SSI(1)) Department dated 08.07.
2011 while disposing the applications for name transfer of patta and also intimated to take strict action in the event of non-compliance of the above said order. The fact remains that inspite of such a warning given by the Secretary to Government, Revenue Department, Chennai, in the above said letter, the authorities of the Taluk level are not at all taking any action to dispose of the applications submitted for issuance of patta/transfer of patta.
5.In so far as this case is concerned, this Court, without going into the merits of the representation, directs the second respondent to consider and dispose of the petitioner's application dated 18.05.2015, in accordance with law, after putting on notice the persons concerned and pass orders within a period of six weeks from the date of receipt of a copy of this order and communicate the decision taken to the petitioner, as well as to the persons concerned. The writ petition is disposed of accordingly. No costs. Sd/- Deputy Registrar (Judicial) /true copy/ Sub Asst. Registrar mmi
To
1. The Secretary to Government, Revenue Department, Fort St. George, Chennai - 9. 2.The District Collector, Thiruvallur District, Thiruvallur.
3.The Tahsildar, Tiruthani Taluk, Thiruvallur District.
1 cc to Mr.V.Sithannan, Advocate, sr. 31849 1 cc to Government Pleader, Sr. 32087 W.P.No.18784 of 2015 CA (CO) kk 13/7