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Madras High CourtWP/29294/2013disposed of

S.Perumal v. The District Collector

2015-08-24Honourable Mr Justice M.M.Sundresh3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 24.08.2015

CORAM

THE HONOURABLE MR.JUSTICE M.M. SUNDRESH W.P.No.29294 of 2013 S.Perumal ...

Petitioner - Vs - 1.The District Collector, Salem District, Salem.

2. The Revenue Divisional Officer, Mettur Dam-1, Salem District.

3. The Tahsildar, Mettur Taluk, Mettur Dam-1, Salem District.

4. R.Mathaiyan (R4 impleaded as per order dated 22.11.2013 in M.P.No.1 of 2013 in W.P.No.29294 of 2013) ...

Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India praying to issue Writ of Mandamus directing the respondent to consider the representation dated 15.05.2013 of the petitioner regarding the illegal transfer of patta No.572 in respect of S.No.64/8 Pukkampatty Village (0520-0 Hectares) which stood in the name of Marakkal@Ramakkal, petitioners' mother to the name of Madhaiyan, enquire into the matter.

For Petitioner : Mr.G.Punniyakotti For Respondents : Mrs.Rajalakshmi (R1 to R3) Government Advocate

O R D E R

This Writ Petition has been filed seeking for a direction to the respondent to consider the representation dated 15.05.2013 of the petitioner regarding the illegal transfer of patta No.572 in respect of S.No.64/8 Pukkampatty Village (0520-0 Hectares) which stood in the name the petitioner's mother to the name of Madhaiyan and enquire into the matter.

2. Heard both sides.

3. It is the case of the petitioner that his mother is the absolute owner of 0.52.0 hectares of punja land in Survey No.64/8, in Pukkampattai Revenue Village, Mettur Taluk, Salem District. It is the further case of the petitioner that Patta No.572 stood in the name of his mother. However, without any basis the same has been transferred in the name of one Mr.Madhaiyan. Therefore, the petitioner made a representation on 15.05.2013 to the first respondent and the same was forwarded to the third respondent for necessary action. Since, no action has been taken so far, the petitioner has filed this Writ Petition seeking for the aforesaid relief.

4. Taking into consideration the pendency of the representation, without going onto the merits of the case, this Court directs the third respondent to consider and pass orders on the representation of the petitioner dated 15.05.2013, within a period of eight weeks from the date of receipt of a copy of this order, after affording an opportunity of hearing to the petitioner and the fourth respondent. The petitioner is directed to furnish a copy of the representation to the third respondent along with the copy of this order within a period of two weeks from the date of receipt of a copy of this order. This Writ Petition is disposed of accordingly. No costs. Consequently, connected Miscellaneous Petition is closed. Sd/- Asst.Registrar (CS IV ) /true copy/ Sub Asst. Registrar arr To 1.The District Collector, Salem District, Salem.

2. The Revenue Divisional Officer, Mettur Dam-1, Salem District.

3. The Tahsildar, Mettur Taluk, Mettur Dam-1, Salem District +1 cc to Mr.Punniyakotti, Advocate, sr.45155 +1 cc to Govt. Pleader, sr.45137 W.P.No.29294 of 2013 mg co kra 8/9