Kubendren, v. The District Collector,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.06.2016

CORAM

THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN W.P.No.17171 of 2016 Kubendren ... Petitioner Vs.

1.The District Collector, 2.The Revenue Divisional Officer, Kallakuruchi, 3.The Revenue Tahsildar, Sankarapuram Taluk, 4.The Village Administrative Officer, Pallagacheri Village, Sankarapuram Taluk, 5.Ganesan ... Respondents Prayer:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the 3rd and 4th respondents to consider the petitioner's applications dated 14.03.2016 and 23.04.2016 for patta name transfer and sub-division in accordance with law with the time stipulated to this Hon'ble Court.

For Petitioner : Mr.S.Mohamed Ansar For Respondents : Mr.P.Sanjai Gandhi for R1 to R4 Additional Government Pleader

O R D E R

By consent the writ petition is taken up for final disposal. 2.The grievance expressed by the petitioner is that though he has purchased a property in Survey No.32/5 at Pallagacheri Village, Sankarapuram Taluk, Villupuram District by means of

registered sale deed bearing document no.938 of 2008 and patta no.1723 and chitta was granted in the year 2009 and 2014 respectively, the fifth respondent fraudulently created document and managed to get the patta transfer in his name without putting the petitioner on notice and in this regard, he has submitted representation to the respondents 2 and 3 and since no orders have been passed, came forward to file this writ petition. 3.The learned counsel appearing for the petitioner has drawn the attention of this Court to G.O.Ms.No.210 of the Revenue Department, dated 08.07.2011 and would submit that as per the guidelines, the request for transfer of patta is to be disposed of within a stipulated time frame and despite that, the third respondent has failed to act on the representation and hence, the petitioner is constrained to file this writ petition. 4.This Court heard the submissions of Mr.S.Mohamed Ansar, learned counsel appearing for the petitioner and Mr.P.Sanjai Gandhi, learned Additional Government Pleader who accepts notice on behalf of the respondents 1 to 4.

5.Though the petitioner prayed for a larger relief, this Court without going into the merits of the same, directs the third respondent to consider the applications/ representations of the petitioner dated 14.03.2016 and 23.04.2016 and pass orders on the same, in accordance with law, after putting on notice to the fifth respondent, 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 to the fifth respondent. 6.The writ petition is disposed of accordingly. No costs. Sd/- Asst.Registrar (J) /true copy/ Sub Asst. Registrar pri To 1.The District Collector, 2.The Revenue Divisional Officer, Kallakuruchi,

3.The Revenue Tahsildar, Sankarapuram Taluk, 4.The Village Administrative Officer, Pallagacheri Village, Sankarapuram Taluk, 1 c to Mr.S. Mohamed Ansar, Advocate,a Sr. 28987 1 cc to Government Pleader, Sr. 29222 W.P.No.17171of 2016 KGK (CO) kk 13/6