A.M.S.Mohamed Kishore Burvin v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 07.06.2022
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.No.13498 of 2022 A.M.S.Mohamed Kishore Burvin
...Petitioner
Vs.
1.
The District Collector, Collectorate, Coimbatore - 641 018.
2.
The Tahsildar, South Taluk Office, Coimbatore District - 641 001.
3.
The Head Surveyor, Corporation Office, South Zone, Palakkad Main Road, Coimbatore District - 641 008.
...Respondents
Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents herein to act up on the petitioner representation dated 15.11.2021 and reminder representation dated 18.04.2022 in the light of Go.Ms.No.210 dated 08.07.2011 to measure the boundaries and fix boundary stones as per revenue records and Town Survey Land Register (TSLR) name transfer in favour of the petitioner bearing S.No.210/3, 210/2, block No.08, Survey field no.50, ward AP Coimbatore old Town Village, totally admeasure 2160 square feet of land which is situated in ward Ukadam Lorry Pattai, Al Ameen Colony, Bilal Estate, Coimbatore South Taluk, Coimbatore District belongs to the petitioner.
For Petitioner :Mr.A.Rajakumar For Respondents : Mr.R.Vigneswaran, GA.
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 15.11.2021 and a
consequential direction to survey the petitioner's property and transfer the patta in respect of the subject property in her favour as early as possible.
2. Learned Government Advocate takes notice for 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, she claims to be the owner of the property comprised in S.No.210/3, 210/2, Block No.08, Survey Field No.50, Ward AP Coimbatore old Town Village, totally measuring 2160 square feet, situated at Ward Ukadam Lorry Pattai, Al Ameen Colony, Bilal Estate, Coimbatore South Taluk, Coimbatore District and the same was purchased by the petitioner, vide registered Sale deed dated 18.11.2019 bearing Document No.691/2019. Whileso, the petitioner made an application dated 15.11.2021, requesting to measure the subject property, fix the boundary stones and transfer the patta in respect of the above said property to her name, however, no action has been initiated by the respondents, despite sending a reminder representation dated 18.04.2022. Aggrieved by the inaction of the respondents, the petitioner submitted an online application dated 22.04.2022 for patta transfer, 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 submitted that it would suffice, if this Court issues direction to the respondents to consider the petitioner's representation dated 15.11.2021 in the light of G.O.Ms.No.210 dated 08.07.2011 and a consequential direction to the respondents to survey the petitioner's property, fix boundaries on the same and transfer the patta in respect of the said property in favour of the petitioner as expeditiously as possible.
5. Learned Government Advocate appearing on behalf of the respondents has no serious objection for said order being passed and he fairly conceded that the petitioner's representation dated 15.11.2021 will be considered and appropriate orders will be passed on the same within the time frame that may be fixed 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
representation dated 15.11.2021 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 and aggrieved persons if any.
7. This writ petition is accordingly disposed of. No costs.
s/d- Assistant Registrar(CS-VI) True Copy Sub-Assistant Registrar skt To 1.
The District Collector, Collectorate, Coimbatore - 641 018.
2.
The Tahsildar, South Taluk Office, Coimbatore District - 641 001.
3.
The Head Surveyor, Corporation Office, South Zone, Palakkad Main Road, Coimbatore District - 641 008 +1 CC to The Government Pleader sr 33641.
W.P.No.13498 of 2022 SKM(CO) SP(01/07/2022)