Mohana v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15.04.2019

CORAM

THE HONOURABLE MR.JUSTICE K.RAVICHANDRABAABU W.P.No.11101 of 2019 Mohana

...Petitioner

Vs.

1.The District Collector Thiruvallur District Thiruvallur.

2.The Thasildar Ponneri Taluk Thiruvallur District.

...Respondents

Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the 2nd respondent to modify the entry of patta passbook No.639 on the file of the 2nd respondent by point out the filed boundary a property in comprised in Survey No.934/5B situated at Vallur Village, pursuant to the petitioner's application dated 08.02.2018.

For Petitioner : Mr.M.Subash For Respondents : Mr.J.Purushothaman Government Advocate

O R D E R

Mr.J.Purushothaman, learned Government Advocate takes notice for the respondents. By consent of the parties, this writ petition is taken up for final disposal at the admission stage itself.

2. The petitioner seeks for a mandamus directing the 2nd respondent to transfer patta in her name in respect of the property comprised in Survey No.934/5B situated at Vallur Village, pursuant to her application dated 08.02.2018.

3. Heard both sides.

4. It is stated that the petitioner has purchased the subject matter property from one S.Muthusamy and registered the https://hcservices.ecourts.gov.in/hcservices/

same vide document No.3526 of 2005. It is further stated that the petitioner is in possession and enjoyment of the said property from the date of purchase. It is further stated that the petitioner made several applications, out of which, last of one was made on 08.02.2018 seeking for transfer of patta in her favour. However, the respondents have not considered the same. Hence, the present writ petition is filed before this Court.

5. This Court, at this stage, is not expressing any view on the merits of the claim made by the petitioner, as it is for the second respondent to consider and decide. Thus, this writ petition is disposed of, only with a direction to the second respondent to consider the application of the petitioner 08.02.2018 and pass orders on the same on merits and in accordance with law, after hearing all the parties concerned. Such exercise shall be done by the second respondent within a period of eight weeks from the date of receipt of a copy of this order. No costs.

Sd/- Deputy Registrar(CJ Conf.) //True Copy// Sub Assistant Registrar mk To 1.The District Collector Thiruvallur District Thiruvallur.

2.The Thasildar Ponneri Taluk Thiruvallur District.

+1cc to Mr.M.Subash, Advocate, S.R.No.37133 +1cc to the Government Pleader, S.R.No.37730 W.P.No.11101 of 2019 MP(CO) CS/21/05/2019 https://hcservices.ecourts.gov.in/hcservices/