Vasantha v. The District Collector,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 06.06.2022
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.No.11420 of 2022 Vasantha
...Petitioner
Vs.
1.
The District Collector, Cuddalore District, Cuddalore.
2.
The Revenue Divisional Officer, Chidambaram, Cuddalore District.
3.
The Tahsildar, Kattumannarkoil Taluk, Cuddalore District
...Respondents
Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents to transfer patta No.122 on the file of 3rd respondent in favour of petitioner for a property comprised in Survey No.215/1B at measuring to an extent of 0.8.00 Ares situated at Kanjankollai village, Kattumannarkoil Taluk, Chidambaram District in pursuance of petitioner's representation dated 14.03.2022. For Petitioner : Mr.M.Subash For Respondents : Mr. A.Anandan Government Advocate
O R D E R
The petitioner has filed this writ petition seeking issuance of a Writ of Mandamus to direct the respondents to consider the petitioner's representation dated 14.03.2022 and transfer patta No.122 in favour of petitioner.
2. Learned Government Advocate takes notice on behalf of the respondents. In view of the consent expressed by the learned counsel on either side, this petition is taken up for final
disposal.
3.The case of the petitioner is that, the property comprised in Survey.No.215/1B measuring an extent of 0.8.00 Ares situated at Kanjankollai Village, Kattumannarkoil Taluk, Chidambaram District originally belonged to her father, viz., Late Kaliyan and patta inrespect of the above said property was also issued in his favour, vide patta No.122. Whileso, the petitioner's father died on 24.04.1996, leaving behind the petitioner as his sole legal heir. Thereafter, the petitioner submitted her online application dated 09.11.2020 before the 3rd respondent for transfer of patta in her favour, however, the same was rejected by the 3rd respondent on 23.12.2020. Aggrieved by the same, the petitioner filed an appeal before the 1st and 2nd respondents on 14.03.2022, however, till date, no orders have been passed on the same. Hence, this Writ petition.
4.Though very many grounds have been raised, learned counsel for the petitioner submits that it would suffice if this Court issues direction to the 1st and 2nd respondents to consider the petitioner's appeal dated 14.03.2022 and transfer patta in favour of the petitioner as expeditiously as possible. 5.Learned Government Advocate appearing on behalf of the respondents has no serious objection for the said order being passed and he fairly submitted that the petitioner's appeal dated 14.03.2022 will considered and appropriate orders will be passed in accordance with law within the time frame that may be stipulated by this Court.
6.In view of the aforesaid submissions, this Court without expressing any opinion on the merits of the case directs, the 2nd respondent to consider the petitioner's appeal dated 14.03.2022 on merits and pass appropriate orders in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order, after affording opportunity of hearing to the petitioner as well as the aggrieved persons if any.
7. This writ petition is accordingly disposed of. No costs. Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar skt
To 1.
The District Collector, Cuddalore District, Cuddalore.
2.
The Revenue Divisional Officer, Chidambaram, Cuddalore District.
3.
The Tahsildar, Kattumannarkoil Taluk, Cuddalore District +1cc to the Government Pleader, S.R.No.33077 W.P.No.11420 of 2022 PL(CO) RGA(17/06/2022)