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Madras High CourtWP/23024/2021disposed of

V.Kanagarasu v. The District Collector

2021-10-29Honourable Mrs Justice V.Bhavani Subbaroyan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.10.2021

CORAM

THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN W.P.No.23024 of 2021 V.Kanagarasu ..Petitioner

Versus

1.The District Collector, Villupuram District.

2. The Revenue Divisional Officer, Villupuram.

3. The Tahsildar, Vikravandi, Villupuram District.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the respondents to transfer the patta in favour of the petitioner pursuant to the patta transfer application No.2017/0105/07/069192 dated 18.12.2017 and Application No.2019/0103/07/159632 dated 18.03.2019 given by the petitioner to the 3rd respondent in respect of the property of the petitioner in S.No.38/3A-0.15.5 ares situate at Thennammadevi Village, Vikravandi Taluk, Villupuram District. For Petitioner : Mr.N.Suresh For Respondents : Mr.Yogesh Kannadasan Government Advocate

O R D E R

This Writ Petition is filed for issuing a Writ of Mandamus, directing the respondents to transfer the patta in favour of the petitioner pursuant to the patta transfer application No.2017/0105/07/069192 dated 18.12.2017 and Application No.2019/0103/07/159632 dated 18.03.2019 given by the petitioner to the 3rd respondent in respect of the property of the petitioner in S.No.38/3A-0.15.5 ares situate at Thennammadevi Village, Vikravandi Taluk, Villupuram District.

2. The case of the petitioner is that the petitioner is the absolute owner of the property situate at Dry Survey No.38/3A - 0.15.5 ares (36 cents) out of 0.29.0 ares situate at Thennammadevi Village, Vikravandi Taluk, Villupuram

District. The petitioner is in possession and enjoyment of the property. The subject matter of the writ petition belonged to one Pattammal who inherited the property ancestrally from her forefather. The 'A' Register extract also clearly states that the property in S.No.38/3A belonged to one Pattammal. Pursuant to the above purchase, the petitioner has given online application for sub division of patta transfer to the 3rd respondent on 18.12.2017, the same was registered under No.2017/0105/07/069192. Thereafter, the petitioner has gave a fresh representation to the Zonal Deputy Tahsildar, Vikravandi for patta transfer on 18.03.2019 and the same was also registered as application No.2019/0103/07/159632 and the patta transfer was not effected. The petitioner also given yet another application for patta transfer on 07.12.

2020 and the was also registered in patta transfer application No.2020/0103/07/240152, the same was also not considered. Though the representation was received by the 1st respondent, on 28.12.2019 till date they have not shown any response towards petitioner's representation. Hence, the petitioner has come forward with the present writ petition before this Court.

3. The learned counsel appearing for the petitioner submitted that the petitioner will be satisfied if a direction is issued to the respondents to consider the petitioner's representation dated 18.12.2017 and 18.03.2019 and dispose of the same within a stipulated time that may be framed by this Court.

4. Having regard to the limited scope of the prayer that is now sought for in this writ petition before this Court and taking into account the submissions made on either side, without expressing any opinion on the merits of the petitioner's representation or the case pleaded by the petitioner in the present writ petition, the Writ Petition is disposed of, with a direction to the respondents to consider the petitioner's representation dated 18.12.2017 and 18.03.2019 and pass appropriate orders, if it is otherwise in order and on merits and in accordance with law, within a period of Twelve Weeks from the date of receipt of a copy of this order. No costs.

Sd/- Assistant Registrar(CS-II) //True copy// Sub Assistant Registrar ssn

To 1.The District Collector, Villupuram District.

2. The Revenue Divisional Officer, Villupuram.

3. The Tahsildar, Vikravandi, Villupuram District.

+1cc to Mr.N.Suresh, Advocate SR.No.56559 +1cc to Government Pleader SR.No.57137 W.P.No. 23024 of 2021 KG(CO) GMY(29/11/2021)