Kovai Medical Center And Hospital Limited v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.08.2024

CORAM

THE HONOURABLE MR.JUSTICE S.SOUNTHAR Kovai Medical Center and Hospital Limited, Represented by its Chief Operating Officer Dr.J.Sivakumaran, 99, Avinashi Road, Coimbatore-641 014.

... Petitioner vs.

1.The District Collector, Collectorate, State Bank Rd, Coimbatore-641018.

2.The Tahsildar, Sulur Taluk, Coimbatore District.

... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the 2nd respondent to issue sub division patta transfer in favour of the petitioner pursuant to its application dated 27.05.2024 bearing No.2024/0105/12/524045 within a time frame to be fixed by this Court.

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For Petitioner : Mr.Sharath Chandran For Respondents : Mr.A.Selvendran Special Government Pleader

O R D E R

The petitioner herein seeks a direction to 2nd respondent to effect subdivision and transfer of patta in the name of petitioner by considering its Application bearing No.2024/0105/12/524045 dated 27.05.2024.

2. According to the petitioner, it purchased the property in S.F.Nos.192, 193, 190, 184 and 157 situated in Neelambur Village, Muthu Goundanpudur Panchayat, Sulur Panchayat Union, Palladam Taluk, Coimbatore (now Tiruppur) District under e-auction conducted by Karur Vysys Bank in proceedings initiated under SARFAESI Act, 2002 against the original owner of the property and Sale Certificate was issued in the name of the petitioner on 14.10.2022. Subsequently, the petitioner sought for subdivision and transfer of patta in its name on the strength of sale certificate by submitting an application to the 2nd respondent on 27.05.2024. The same has not been considered by the 2nd respondent till date. Therefore, the petitioner is before this Court.

3. Mr.A.Selvendran, learned Special Government Pleader, who is 2/4

taking notice for the respondents would submit that the application of the petitioner dated 27.05.2024 will be considered by the 2nd respondent on its own merit within the time fixed by this Court.

4. In view of the same, without going into the merits of the claim made by the petitioner, this Court is inclined to direct the 2nd respondent to consider the application of the petitioner bearing Application No.2024/0105/12/524045 dated 27.05.2024 and pass final orders on its own merit, after issuing necessary notice to the interested parties, within a period of eight weeks from the date of receipt of a copy of this order.

5. With the above direction, the Writ Petition stands disposed of. No costs.

22.08.2024 Index : Yes/No Speaking order:Yes/No dm 3/4

S.SOUNTHAR, J.

dm To 1.The District Collector, Collectorate, State Bank Rd, Coimbatore-641018.

2.The Tahsildar, Sulur Taluk, Coimbatore District.

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