Madras High CourtWP/28246/2017disposed of

K.Vellachiammal, v. The District Collector,

2017-11-06Honourable Mr Justice K. Ravichandrabaabu2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.11.2017

CORAM

THE HONOURABLE MR.JUSTICE K.RAVICHANDRABAABU Writ Petition No.28246 of 2017 K.Vellachiammal .. Petitioner Vs.

1. The District Collector, Thiruvannamalai District, Thiruvannamalai.

2. The Tahsildar, Kalasapakkam Taluk, Kalasapakkam, Thiruvannamalai District.

.. Respondents PRAYER: Writ petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus to direct the respondents herein to consider the representation given by the petitioner on 12.10.2017 to transfer the Patta in the name of the petitioner with respect to the lands in S.Nos.168/2 extent 0.50.0 Ares, 168/4, extent 0.29.5 Ares and 168/6 extent 0.39.5 Ares totaling in all 1.19.5 Ares (2.95 Acres) bearing Patta No.26, situated at Kenganalur Village, Polur Taluk, Thiruvannamalai District.

For Petitioner : Mr.R.Prabudoss For Respondents : Mr.A.Kumar, Special Government Pleader.

O R D E R

Mr.A.Kumar, learned Special Government Pleader takes notice for the respondents. By consent of the parties, the main writ petition is taken up for final disposal at the admission stage itself.

2. Heard both sides.

3. The petitioner seeks for a Mandamus to direct the respondents herein to consider the representation given by the https://hcservices.ecourts.gov.in/hcservices/

petitioner on 12.10.2017 to transfer the Patta in the name of the petitioner with respect to the lands in S.Nos.168/2 extent 0.50.0 Ares, 168/4, extent 0.29.5 Ares and 168/6 extent 0.39.5 Ares totaling in all 1.19.5 Ares (2.95 Acres) bearing Patta No.26, situated at Kenganalur Village, Polur Taluk, Thiruvannamalai District.

4. The grievance of the petitioner is that the said request has not been considered so far. At this stage, this Court is not expressing any view on the merits of the claim made by the petitioner as it is for the 2nd respondent to consider and decide the same on merits and in accordance with law. However, considering the fact that the petitioner has made the earlier representation on 29.06.2016 and also made the recent representation dated 12.10.2017 which is sought to be disposed of in this writ petition, this Court is inclined to issue a direction to the 2nd respondent to consider the representation of the petitioner dated 12.10.2017 and pass orders on the same on merits and in accordance with law, after giving due opportunity of hearing to the rival claimants, if any. Such exercise shall be done by the 2nd respondent within a period of eight weeks from the date of receipt of a copy of this order. Accordingly, the writ petition is disposed of. No costs.

Sd/- Assistant Registrar /true copy/ Sub Assistant Registrar vsi To

1. The District Collector, Thiruvannamalai District, Thiruvannamalai.

2. The Tahsildar, Kalasapakkam Taluk, Kalasapakkam, Thiruvannamalai District.

1 cc to Mr.R.Prabudoss, Advocate, Sr. 78693 1 cc to Government Pleader, Sr. 78980 W.P.No.28246 of 2017 kk 27/11 https://hcservices.ecourts.gov.in/hcservices/