P.J.Kalyanaraman v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 06.08.2024
CORAM
THE HONOURABLE MR. JUSTICE S.SOUNTHAR W.P No.21693 of 2024 P.J.Kalyanaraman
...Petitioner
Vs.
1.The District Collector Salem District Salem.
2.The Superintendent of Police Salem.
3.The District Registrar Salem West Collectorate Campus Salem 636 001.
4.J.Varadarajan
...Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the first respondent to consider the petitioner's representation dated 07.10.2023 within a stipulated time that may be fixed by this Court.
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For Petitioner : Mr.P.Wesley Isaac For Respondents : Mr.A.Selvendran for R1 & R3 Special Government Pleader Mr.S.Sugendran for R2 Additional Public Prosecutor
O R D E R
The petitioner herein seeks a direction to the first respondent to consider the petitioner's representation dated 07.10.2023 and pass orders within a time stipulated by this Court.
2. According to the petitioner, he is the owner of the property situated in S.Nos.32/7, 32/8 and 32/9 in Ariyakavounpatti Village, Sooramangalam Sub-Registrar, Salem District, which originally belongs to his grand father Nadaya Gounder and after his death, the property was succeeded by his father Perumal Gounder and now after death of his father, he has been in possession and enjoyment of the same. The petitioner submitted a representation to the first respondent on the apprehension that one Varadharajan son of Jayakumar, the fourth respondent herein, would submit an application before the first respondent seeking patta in his name and hence, he made a request to the respondents not to accept any such application seeking transfer of patta. In the typed set of papers 'A' Register is filed and perusal of 2/5
the same would suggest that S.No.32/7 stands in the name of Nadaya Gounder and in respect of other S.Nos.32/8 & 32/9 it neither stands in the name of the petitioner nor in the name of his forefather.
3. The learned Special Government Pleader appearing for the respondents 1 & 3 submitted that no such application for transfer of patta has been filed before the respondents and therefore, they are not in possession to consider the representation of the petitioner.
4. The representation of the petitioner has been made only on the apprehension that the fourth respondent would file an application for transfer of patta. If the petitioner has got any property dispute with the fourth respondent, it is for him to workout his remedy before Civil Court. Hence, this Court is not inclined to accede to the prayer of the petitioner.
5. Accordingly, this Writ Petition is dismissed. No costs. 06.08.2024 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order dna 3/5
To 1.The District Collector Salem District Salem.
2.The Superintendent of Police Salem.
3.The District Registrar Salem West Collectorate Campus Salem 636 001.
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S.SOUNTHAR , J.
dna W.P No.21693 of 2024 06.08.2024 5/5