Mr.Benjamin Jose, v. The District Collector,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 19.06.2018
CORAM
THE HONOURABLE MR.JUSTICE T.RAJA W.P.No.14634 of 2018 Benjamin Jose ..
Petitioner -vs1. The District Collector, Singara Vellan Maligai, Chennai-1.
2. The District Revenue Officer, Sholinganallur, Chennai.
3. The Thasildar, Sholinganallur, Chennai.
..
Respondents Writ Petition under Article 226 of the Constitution of India, praying to issue of a Writ of Mandamus, directing the respondents 2 and 3 herein to consider the petitioner's representation dated 15.3.2017 and consequently, transfer the patta in favour of the petitioner within a period fixed by this Court.
For Petitioner ::
Mr.D.Saravanakumar For Respondents ::
Mr.V.Jayaprakash Narayanan, Special Government Pleader
ORDER
The present Writ Petition has been filed seeking to issue a Writ of Mandamus, directing the respondents 2 and 3 herein to consider the petitioner's representation dated 15.3.2017 and consequently, transfer the patta in favour of the petitioner within a period fixed by this Court.
2.
Heard the learned Counsel appearing for the petitioner and the learned Special Government Pleader appearing for the respondents.
3.
The case of the petitioner is that he claims to be the owner of the land in question having a total extent of 2700 sq.ft. by virtue of a Sale Deed dated 5.6.1985 executed by his father late Mr.L.Gangadaran with one Vendor Balakrishnan. He
has given a representation dated 15.3.2017 requesting the 3rd respondent, namely, the Thasildar, Sholinganallur, Chenni, seeking to issue patta in the name of four legal heirs of the late Gangadaran. In this regard, he has also produced a copy of the Revenue Survey and Resettlement Register of the village of Ukkiyam Torapakkam, No.230, Saidapet Taluk, Chengalput District, to show that the survey number 144/2-B shown in the sale deed dated 5.6.1985 having an extent of 2700 square feet has been shown in Survey No.10 and Survey No.144/2B having an extent of 0.18.5 ares in the name of the original vendor Balakrishnan and subsequently issued a patta in the name of Bala Krishnan. A copy of the ''A'' Register showing the name of Balakrishnan for Survey No.144 10-A1A1 for an Old Survey No.144-10A1A is 0.6.40 Ares.
However, one another patta issued shown the name of the petitioner's father late Gangadharan for Survey No.144 10 A 1 B and 144 13 B having an extent of 0.05.0 and 0.2.00 Ares in another ''A'' Register. The petitioner has also produced a copy of ''A'' Register showing the ownership of the petitioner's father for Survey No.144 10A 1B having an extent of 0.0.50 Ares. Another Patta No.2327 issued in the name of late Gangadaran for Survey No.144 10A1B having an extent of 0.0.50 Ares and A Register also have been enclosed.
4.
With the above background, the petitioner has approached the 3rd respondent with a representation dated 15.3.2017 seeking patta transfer with regard to the exact land his father purchased from Balakrishnan. The said representation has not been till date disposed of. Therefore, he has sought for a direction to consider and dispose of the said representation.
5.
Under such circumstances, this Court is of the view that the ''A'' Register issued in the name of the petitioner's father, patta and other revenue records along with the Sale Deed can be looked into by the 3rd respondent and thereafter, the 3rd respondent shall consider the request of the petitioner for transfer of patta as prayed for by the petitioner for the land in question and accordingly, dispose of his representation dated 15.3.2017 on merits and in accordance with law, within a period of six weeks from the date of receipt of a copy of this Order. 6.
With the above observation and direction, the Writ Petition is disposed of. No costs.
Sd/- Assistant Registrar(CS II) //True copy// Sub Assistant Registrar tsi
To
1. The District Collector, Singara Vellan Maligai, Chennai-1.
2. The District Revenue Officer, Sholinganallur, Chennai.
3. The Thasildar, Sholinganallur, Chennai.
+1cc to Mr.D.Saravana Kumar, Advocate SR.No.38157 +1cc to Government Pleader SR.No.39148 W.P.No.14634 of 2018 GN(28/06/2018)