T.Yuvaraj, S/O.J.Thiagarajan, v. The State Of Tamilnadu, Rep.By
In the High Court of Judicature at Madras Dated : 17.11.2015 Coram :
The Honourable Mr.Justice M.M.SUNDRESH Writ Petition No.22753 of 2015 T.Yuvaraj rep.by his general power agent J.Thiagarajan
...Petitioner
Vs 1.The State of Tamil Nadu, rep.by the Secretary to Government, Revenue Department, Fort.St.George, Chennai-9.
2.The Collector, Kancheepuram District, Kancheepuram.
3.The Tahsildar, Alandur Taluk, Nanganallur, Chennai-61.
4.The Secretary, Arulmigu Subramania Swami Koil, Shanmuga Mudali Street, Anakaputhur, Chennai-70.
(R4 impleaded as per order dated 5.8.2015 by MMSJ in M.P.No.1 of 2015)
...Respondents
PETITION under Article 226 of The Constitution of India praying for the issuance of a Writ of Mandamus directing the third respondent to complete the enquiry with respect to the petitioner's application dated 1.7.2013 wherein the petitioner had sought for transfer of patta in the name of T.Yuvaraj for the property bearing Plot No.A & B measuring 2,929 sq.ft. at Balaji Nagar comprised in survey Nos.3/2A10, 3/2A11 (new survey No.3/35) and 3/2B situated in Old Village Nos.128, 99 & 87, New Village No.1, Anakaputhur Village, Tambaram Taluk (presently Alandur Taluk) Kancheepuram District and for a property measuring 585 sq.ft. at Balaji Nagar comprised in S.Nos.3/2A, 3/2A11 and (new survey No.3/35) and 3/2B situated in Old Village No.128, 99 & 87, New Village No.1, Anakaputhur Village in Tambaram Taluk, (presently Alandur Taluk) Kancheepuram District, within a stipulated period.
For Petitioner : Mr.S.Sivakumar For Respondents 1 to 3 : Mr.P.Sanjay Gandhi, AGP For Respondent-4 : Mr.G.K.Sekar https://hcservices.ecourts.gov.in/hcservices/
ORDER
The petitioner gave an application on 1.7.2013 to the third respondent seeking transfer of patta in his name in pursuance of a sale deed dated 7.10.1994 in his favour. After receipt of the said application, an enquiry was conducted by the third respondent as seen from the letter dated 16.2.2015. The petitioner also gave deposition on 4.3.2015. As no progress has been made thereafter, the writ petition has been filed.
2. A counter affidavit has been filed by the fourth respondent stating that the property in question belongs to them and that the title along with revenue documents stand in the name of the fourth respondent.
3. This Court is not inclined to go into the inter-se dispute between the petitioner on the one hand and the fourth respondent on the other hand. Admittedly, the enquiry is pending consideration with the third respondent.
4. Therefore, the writ petition is disposed of directing the third respondent to conclude the enquiry and pass appropriate orders within a period of eight weeks from the date of receipt of a copy of this order, after affording an opportunity to both the petitioner as well as the fourth respondent. No costs.
Sd/- Asst.Registrar (CS IV ) /true copy/ Sub Asst. Registrar To 1.The Secretary to Government of Tamil Nadu, Revenue Department, Fort.St.George, Chennai-9.
2.The Collector, Kancheepuram District, Kancheepuram. 3.The Tahsildar, Alandur Taluk, Nanganallur, Chennai-61. +1 cc to S.Sivakumar, Advocate, sr.62035 +1 cc to G.K.Sekar, sr.62038 RS W.P.No.22753 of 2015 ar iv kra 23.11.2015 https://hcservices.ecourts.gov.in/hcservices/