Madras High CourtWP/18571/2017disposed of

T.Elumalai, v. The District Collector

2017-07-21Honourable Mr Justice M.Duraiswamy3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.07.2017

CORAM

THE HON'BLE MR. JUSTICE M.DURAISWAMY W.P. No.18571 of 2017 T.Elumalai ... Petitioner v.

1. The District Collector District Collectorate Villupuram District

2. The Special Commissioner & Commissioner of Land Administration Land Administration Department Ezhilagam Chepauk, Chennai-600 005 3 Ilancheliyan ... Respondents Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of Mandamus, directing the 1st respondent The District Collector, Villupuram to consider the petitioner's representation dated 13.03.2017 in the light of the G.O.Ms. No.561, dated 14.03.1979 and take necessary steps to transfer the said property to an extent of 4 acres comprised in Survey No.70/1 in Thorangur Village, Kalvarayan Hills, Chinnasalem Taluk, Villupuram District in the petitioner's father name. within the time fixed by this Court.

For Petitioner : Mr.V.R.Kamalanathan For Respondents : Mr.S.N.Parthasarathy Govt. Advocate - for R1 & R2

O R D E R

Mr.S.N.Parthasarathy, learned Government Advocate, takes notice for the respondents 1 & 2 . By consent, the main writ petition itself is taken up for disposal at the admission stage itself.

2. The petitioner has filed the above writ petition to issue a Writ of Mandamus, directing the 1st respondent, viz., the District Collector, Villupuram to consider his representation dated 13.03.2017 in the light of G.O.Ms. No.561, dated 14.03.1979 and take necessary steps to transfer the said property measuring an extent of 4 acres comprised in Survey No.70/1 in Thorangur Village, Kalvarayan Hills, Chinnasalem Taluk, Villupuram District from the petitioner's father name, within the time frame.

3. The learned counsel appearing for the petitioner submitted that in spite of the petitioner's representation dated 13.03.2017, the first respondent has not passed any orders so far.

4.Mr.S.N.Parthasarathy learned Special Government Pleader, appearing for the respondents 1 & 2 submitted that the first respondent may be directed to consider the petitioner's representation and pass order, in accordance with law, after giving notice to the 3rd respondent.

5. In view of the submissions made by the learned counsel on either side, without expressing any opinion with regard to the merits of the case, I direct the first respondent to consider the petitioner's representation dated 13.03.2017 and pass orders, in accordance with law, after giving notice to the 3rd respondent, within a period of three months from the date of receipt of a copy of this order.

With this observation, the writ petition is disposed of. No costs.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar Rj To 1 The District Collector District Collectorate Villupuram District

2 The Special Commissioner & Commissioner of Land Administration Land Administration Department Ezhilagam Chepauk, Chennai-600 005 +1cc to Mr.V.R.Kamalanathan , Advocate, S.R.No.51720 +1cc to the Government Pleader, S.R.No. 51960 W.P. No.18571 of 2017 NMI(CO) CS/02/08/17