Madras High CourtWP/5083/2015disposed of

R.Balaraman v. The District Collector

2015-02-26Honourable Mr Justice M.Duraiswamy2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26.02.2015

CORAM

The Honourable MR. JUSTICE M.DURAISWAMY W.P.No.5083 of 2015 R.Balaraman

...Petitioner

Vs 1 The District Collector Thiruvannamalai District 2 The Revenue Divisional Officer Revenue Divisional Office, Cheyyar Thiruvannamalai District 3 The Tahsildar Cheyyar, Thiruvannamalai District

...Respondents

Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of mandamus, to direct the respondents to transfer the patta in the petitioner name towards the property in Survey No.98/3A1A and Survey No.105/1 situated at Keelputhupakkam Village, Cheyyar Taluk Thiruvannamalai District by considering the petitioner representation dated 25.5.2014. For Petitioner : Mr.R.Elanchezian For Respondents : Ms.P.Rajalakshmi, Government Advocate

O R D E R

The above writ petition has been filed by the petitioner to issue a writ of mandamus, directing the respondents to transfer the patta in his name in respect of the property in Survey No.98/3A1A and Survey No.105/1 situated at Keelputhupakkam Village, Cheyyar Taluk, Thiruvannamalai District, by considering the petitioner's representation dated 25.05.2014.

2. According to the petitioner, a specific share was allotted to him in the final decree in O.S.No.42 of 1996 on the file of Additional District Munsif Court, Cheyyar, dated 03.02.2011. Pursuant to the final decree obtained, the petitioner has given a representation to the respondents on 25.05.2014 to change the patta in his name. However, according to the petitioner, the respondents have not considered the representation till this date. https://hcservices.ecourts.gov.in/hcservices/

3. Ms.P.Rajalakshmi, learned Government Advocate takes notice for the respondents and submitted that the third respondent may be directed to consider the representation filed by the petitioner on merits and in accordance with law, within a stipulated time.

4. Having regard to 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 third respondent to consider the representation dated 25.05.2014 filed by the petitioner and dispose of the same on merits and in accordance with law, after giving notice to all the defendants in the suit in O.S.No.42 of 1996, within a period of twelve weeks from the date of receipt of a copy of this order.

5. With this observation, the writ petition is disposed of. However, there shall be no order as to costs. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar svki To 1 The District Collector Thiruvannamalai District 2 The Revenue Divisional Officer Revenue Divisional Office Cheyyar Thiruvannamalai District 3 The Tahsildar Cheyyar Thiruvannamalai District.

1 cc to Mr.R.Elanchezian ,Advocate, SR.No.10610 1 cc to Government Pleader,Sr.No.10849 W.P.No.5083 of 2015 sai(co) pmk.11.3.2015 https://hcservices.ecourts.gov.in/hcservices/