G.Venkatesan v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 02.07.2015 Coram The Honourable Mr. JUSTICE M.SATHYANARAYANAN Writ Petition No.19301 of 2015 G.venkatesan ... Petitioner -Vs1. The District Collector, Collector Office, Sathuvacharry, Vellore -9.

2. The Tahsildar, Tahsildar Office, Arakkonam.

...Respondents

Petition filed under Article 226 of the constitution of India to issue a Writ of Mandamus to direct the 2nd respondent to effect the transfer of patta on the basis of the petition dated 26.05.2014 submitted by the petitioner.

For Petitioner : Mr.A.Anand Venkatesh For Respondents : Mr.V.Subbiah, Special Govt.Pleader

O R D E R

By consent, the writ petition is taken up for final disposal at the admission stage itself.

2. The petitioner states that his father and mother had executed a registered settlement deeds dated 6.1.2012 and 9.1.2012 respectively in respect of the property situated in Survey Nos. 481/11, 480/6, 479/2A3, 483/4, 299/1, 299/3, 500/1, 500/3, 295/1, 295/3, totally measuring an extent of 6.35 acres at No.20, Banavaram village, Arakkonam, Vellore District. They claim to be in possession and enjoyment of the same. The petitioner submitted an application to the Village Administrative Officer on 11.06.2012 for transfer of patta in his name as well as in the name of his brothers in respect of the above said property. Since no action has been taken, he sent a reminder to the respondents 1 and 2. The jurisdictional Revenue Divisional Officer conducted an enquiry and submitted a report dated 17.10.2013 to the second respondent. Since no action has been taken, the petitioner has come forward to file this writ petition. https://hcservices.ecourts.gov.in/hcservices/

3. Heard Mr.N.Anand Venkatesh, learned counsel appearing for the petitioner and Mr.V.Subbiah, learned Special Government Pleader, who accepts notice on behalf of the respondents.

4. Though the petitioner has prayed for larger relief, this Court, in the light of the facts and circumstances of the case, directs the second respondent to consider the petitioner's representation dated 26.05.2014, after putting on notice to the persons concerned and pass orders on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order and communicate the decision taken to the petitioner as well as the persons concerned.

5. The writ petition is disposed of accordingly. No costs. Sd/- Assistant Registrar True Copy Sub Assistant Registrar To

1. The District Collector, Collector Office, Sathuvacharry, Vellore -9.

2. The Tahsildar, Tahsildar Office, Arakkonam.

+1 cc to Government Pleader,SR.33349 +1 cc to Mr.N.Anand Venkatesh, Advocate,Sr.33186. Vd(co) krd 14/7 W.P.No.19301 of 2015 https://hcservices.ecourts.gov.in/hcservices/