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Madras High CourtWP/29256/2016disposed of

M.Dhayalan v. The Revenue Divisional Officer

2016-08-23Honourable Mr Justice M. Sathyanarayanan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.08.2016

CORAM

THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN W.P.No.29256 of 2016 M.Dhayalan ... Petitioner Vs.

1 The Revenue Divisional Officer GST Road, Maduranthakam, Kancheepuram District.

2 The Thasildar GST Road, Maduranthakam, Kancheepuram District.

3 Gunasekaran ... Respondents Prayer:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the 1st respondent herein to consider and dispose the petitioner's representation dated 16.03.2015 at the earliest.

For Petitioner : Ms.S.P.Arthi For Respondents : Mr.R.A.S.Senthilvel for R1 and R2 Additional Government Pleader

O R D E R

By consent, the writ petition is taken up for final disposal.

2.The petitioner claims that he is the absolute owner of the property in S.No.327, Maduranthakam Taluk, Kancheepuram District admeasuring to an extent of 1.79 acres which was purchased by him through a Power of Attorney by way of registered sale deed bearing document no.2356/2004, dated 25.09.2004. The petitioner after purchasing the said property, made several requests for mutation of the Revenue records in the form of transfer of patta in his name and however, he is yet to be favoured with any kind of response. The petitioner during February, 2015 applied for Encumbrance Certificate and found entry regarding the purported sale deed dated 24.04.2006 and in this regard, has also filed a suit in O.S.No.88 of 2015 on the file of the learned District Munsif, Maduranthakam against A.D.Gunasekaran, Sambath and https://hcservices.ecourts.gov.in/hcservices/

Elumalai praying for declaration of his title and for permanent injunction and the said suit is still pending. 3.The learned counsel appearing for the petitioner would submit that the petitioner in this regard, has also submitted representations dated 16.03.2015 and 05.08.2016 to the respondents 1 and 2, praying for transfer of patta in his name in respect of the above said property and since his representations having been given disposal, came forward to file this writ petition.

4.Heard the submissions of Ms.S.P.Arthi, learned counsel appearing for the petitioner and Mr.R.A.S.Senthilvel, learned Additional Government Pleader who accepts notice on behalf of the respondents 1 and 2.

5.This Court taking into consideration the limited scope of the prayer sought for by the petitioner and without going into the merits of the same, directs the second respondent to consider and dispose of the petitioner's representations dated 16.03.2015 and 05.08.2016, in accordance with law, after putting on notice, the third respondent/ first defendant in the above said suit and pass orders, within a period of ten weeks from the date of receipt of a copy of this order and communicate the decision taken, to the petitioner as well as to the third respondent.

6.The writ petition is disposed of accordingly. No costs. pri Sd/- Asst.Registrar /true copy/ Sub Asst. Registrar To 1 The Revenue Divisional Officer GST Road, Maduranthakam, Kancheepuram District.

2 The Thasildar GST Road, Maduranthakam, Kancheepuram District.

+ 1 cc to THE GOVT.PLEADER, SR 48020 + 1 CC TO Ms.S.P.Arthi, ADVOCATE SR 48184 KR/6/9/16 W.P.No.29256 of 2016 https://hcservices.ecourts.gov.in/hcservices/