A.Lakshmi v. The District Revenue Officer
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 10.07.2015
CORAM
THE HONOURABLE MR. JUSTICE M.SATHYANARAYANAN W.P.No.20728 of 2015 Tmt.A.Lakshmi ... Petitioner -Vs1. The District Revenue Officer, Collectorate Office, Singaravelar Maligai, Chennai-600 001.
2. The Tahsildar, Velachery Taluk, Chennai.
... Respondents Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the first respondent to dispose of the appeal dated 24.05.2014 challenging the order bearing Na.Ka.No.2/30694/2013 dated 28.03.2014 passed by the second respondent in respect of the representation dated 24.05.2012 submitted to transfer patta in the name of the petitioner for the property bearing Old No.37, New No.6, Besant Avenue, Adayar, Chennai600 020. For Petitioner : Mr.L.Dhamodaran For Respondents : Mr.R.A.S.Sakthivel Additional Government Pleader
O R D E R
By consent, the Writ Petition is taken up for final disposal.
2. The petitioner claims to be owner of the house property bearing Old No.37, New No.6, Besant Avenue, Adayar, Chennai-600020, admeasuring to an extent of 138.5 sq.mtrs or 1500 sq.ft. comprised in S.No.41(Part), Block No.8, T.S.No.34 as per Patta LA.No.263/87-88,
Survey No.41/1 (part) T.S.No.34/2, Urur Village, Mylapore-Triplicane Taluk and she submitted an application dated 21.05.2012 to the second respondent for transfer of patta and since it was not disposed of, she filed a Writ Petition in W.P.No.18582/2013 praying for issuance of a Writ of Mandamus directing the second respondent to dispose of the petitioner's application dated 21.05.2012 and it was ordered by this Court on 24.07.2013 by directing the second respondent to dispose of the petitioner's application dated 21.05.2012 within a period of eight weeks from the date of receipt of the order. However, the second respondent without properly considering the facts and circumstances, has dismissed the application, vide order dated 28.03.2014 and challenging the same, the petitioner preferred an appeal before the first respondent on 24.05.2014 and since it was not disposed of, came forward to file this writ petition.
3. Heard the submissions of the learned counsel appearing for the petitioner and Mr.R.A.S.Sakthivel, learned Additional Government Pleader, who accepts notice for the respondents.
4. This Court, taking into consideration the limited scope of prayer sought for by the petitioner and without going into the merits of the petitioner's appeal dated 24.05.2015, directs the first respondent to consider and dispose of the appeal preferred by the petitioner dated 24.05.2015, after putting on notice the petitioner and the persons concerned and pass orders on merits and in accordance with law within a period of four weeks from the date of receipt of a copy of this order and communicate the decision to the petitioner as well as to the persons concerned.
5. This Writ Petition is disposed of accordingly. No costs. Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar jvm To
1. The District Revenue Officer, Collectorate Office, Singaravelar Maligai, Chennai-600 001.
2. The Tahsildar, Velachery Taluk, Chennai.
+1cc to Mr.L.Dhamodaran, Advocate, S.R.No.35316 +1cc to the Government Pleader, S.R.No.35122 W.P.No.20728 of 2015 GP(CO) CA(27/07/2015)