Madras High CourtWP/10439/2024disposed of

K.Ramachandiran v. The District Collector

2024-04-17Honourable Mr Justice N. Sathish Kumar5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.04.2024

CORAM

THE HONOURABLE MR. JUSTICE N. SATHISH KUMAR K.Ramachandran .. Petitioner

Versus

1. The District Collector,

2. District Registrar Office,

3. Revenue Divisional Office,

4. The Tahsildar, Avinasi Taluk, Tiruppur District.

5. Ramathaal .. Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the third respondent to dispose the appeal dated 08.08.2023 and transfer patta in the name of the petitioner for the property admeasuring 40 cents comprised in survey No.494/2 situated at Mundaiyampalayam Village, Avinashi Taluk, Tiruppur District. For Petitioner : Mr.R.Rajarajan For Respondents : Mr.A.Selvendran Special Government Pleader - R1 to R4 1/5

ORDER

With the consent of both sides, this Writ Petition is taken up for final disposal at the admission stage itself.

2. This writ petition is filed to direct the third respondent to dispose the appeal dated 08.08.2023 and transfer patta in the name of the petitioner for the property admeasuring 40 cents comprised in survey No.494/2 situated at Mundaiyampalayam Village, Avinashi Taluk, Tiruppur District.

3. Heard learned counsel for the petitioner and the learned Special Government Pleader appearing for the respondents 1 to 4 and perused the materials available on record.

4. The case of the petitioner is that the subject property has been bequeathed to the father of the petitioner by way a registered Will dated 04.10.1991 and revenue records has also been mutated in name of the father of the petitioner. While so, on enquiry, it was found that the records with respect to the subject property has been stealthily transferred in the name of the fifth respondent. In this regard, the father of the petitioner has made a representation on 25.01.2018 to the fourth respondent and the said 2/5

representation was rejected by the fourth respondent vide proceedings dated 22.06.2023. Challenging the same the petitioner filed an appeal before the third respondent on 08.08.2023 and the same is pending till date without any progress. Hence, the present Writ Petition.

5. Considering the limited relief sought for in this writ petition, there shall be a direction to the third respondent to dispose of the appeal filed by the petitioner on 08.08.2023 on its own merits and in accordance with law within a period of two months from the date of receipt of a copy of this order.

6. With the above direction, this writ petition is disposed of. No costs. 17.04.2024 vrc Index :Yes/No Internet :Yes/No : Yes/No To,

1. The District Collector,

2. District Registrar Office, 3/5

3. Revenue Divisional Office,

4. The Tahsildar, Avinasi Taluk, Tiruppur District.

4/5

N. SATHISH KUMAR , J.

vrc W.P.No.10439 of 2024 17.04.2024 5/5