A.Harikrishna Gounder v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.03.2022

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.No.28750 of 2014 A.Harikrishna Gouder ... Petitioner Vs.

1.The District Collector, Villupuram District, Villupuram.

2.The Revenue Divisional Officer, Villupuram Taluk, Villupuram.

3.The Tahsildar, Vikravandi Taluk, Villupuram District.

... Respondents R4 Gurunathan, S/o.Raghava Gouder (R4 impleaded vide order dated 15.03.2022 made in M.P.No.1/2014 in W.P.No.28750 of 2014 By MDIJ) Prayer:

Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the second respondent to dispose of the appeal filed by the petitioner dated 18.09.2013.

For petitioner : M/s.A.B.Avvaisangamithri for Mr.C.Prabakaran For Respondents : Mr.R.P.Murugan Raja Government Advocate

ORDER

The petitioner has filed this petition, seeking direction to the the second respondent to dispose of the appeal filed by the petitioner dated 18.09.2013.

2. Mr.R.P.Murugan Raja, learned Government Advocate takes notice for the respondents. In view of the limited relief sought for in this petition and on the consent expressed by the learned

counsel appearing on either side, this petition is taken up for final disposal.

3. The case of the petitioner is that the petitioner had purchased the property in Survey No.566/6, measuring an extent of 21 cents, situated at Chinnababu Samudram Village, Villupuram Taluk, Villupuram District. The said property was purchased by the petitioner from Perumal Gounder through a registered Sale Deed, vide Doc.No.910/1986 on the file of the Sub Registrar Office, Kandamangalam. The said property is adjacent to another property comprised in same Survey No.566/5 to an extent of 7 cents which belongs to Gurunathan. However, taking advantage of that, the said Gurunathan with the help of his son, who is working as Deputy Tahsildar, Villupuram had illegally transferred patta in his name. Thereafter, the said Gurunathan had sold the property to Balamurugan on 22.08.2013.

Hence, the petitioner made an appeal before the second respondent on 29.08.2013 to cancel the Patta which stands in the name of Gurunathan and to transfer the Patta in favour of the petitioner. However, till date no action has been taken by the respondent on the representation made by the petitioner. Hence, the present Writ Petition has been filed by the petitioner for the above relief.

4. Though very many grounds have been raised, learned counsel for the petitioner submits that it would suffice if this Court directs the second and third respondents to consider the petitioner's appeal, dated 29.08.2013 and pass appropriate orders within the time frame that may be fixed by this Court.

5. The learned Government Advocate appearing for the respondents submits that the petitioner's representation dated 29.08.2013 will be considered by respondents within the time frame that may be fixed by this Court.

6. In view of the aforesaid submissions, this Court without expressing any opinion on the merits of the case, directs the second and third respondents to consider the petitioner's appeal dated 29.08.2013, and pass appropriate orders within a period of twelve weeks from the date of receipt of a copy of this order, after affording an opportunity to the proposed respondent.

7. Accordingly, this writ petition is disposed of with the aforesaid direction. No costs.

Sd/- Assistant Registrar(CS-III) //True copy// Sub Assistant Registrar

tri/nhs To 1.The District Collector, Villupuram District, Villupuram.

2.The Revenue Divisional Officer, Villupuram Taluk, Villupuram.

3.The Tahsildar, Vikravandi Taluk, Villupuram District.

+1cc to Mr.C.Prabakaran, Advocate SR.No.17351 +1cc to Government Pleader SR.No.17744 W.P.No.28750 of 2014 PMK(CO) GMY(01/06/2022)