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Madras High CourtWP/26731/2022disposed of with direction

T.Sankar v. Vellore District,

2022-10-10Honourable Mr Justice M.Dhandapani6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.10.2022

CORAM:

THE HON'BLE MR.JUSTICE M.DHANDAPANI T.Sankar ... Petitioner vs.

1. The District Collector, Vellore District, Vellore - 632 009.

2. The District Revenue Officer, Vellore Revenue Division, Vellore - 632 009.

3. The Revenue Divisional Officer, Revenue Divisional Office, Kamarajar Nagar, Vellore - 635 601.

4. The Tahsildar, Tahsildar Office, Katpadi, Vellore District - 632 007.

5. The Chief Land Surveyor, Tahsildar Office, Katpadi, Vellore District - 632 007.

... Respondents 1/6

Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondents to consider the petitioner's representation dated 27.07.2022 and to direct the fourth respondent to transfer the Patta in the petitioner name in survey No.23/18 with an total extent of 48 cents in Katpadi Village, Katpadi Taluk, Vellore District.

For Petitioner : Mr.K.Kathiresan For Respondents : Mr.U.Baranidharan Additional Government Pleader

ORDER

This Writ Petition has been filed seeking issuance of a Writ of Mandamus to direct the respondents to consider the petitioner's representation dated 27.07.2022 and to direct the fourth respondent to transfer the Patta in the petitioner name in survey No.23/18 with an total extent of 48 cents in Katpadi Village, Katpadi Taluk, Vellore District.

2. It is the case of the petitioner that he claims that he is the owner of the above said property situated in the said Village. As the existing Patta in Patta No.681 in respect of the subject property stood in the name of one Paema Gounder, the petitioner submitted an application dated 27.07.2022 2/6

before the respondents seeking Sub-Division Patta transfer in favour of the petitioner. Since the said application was not considered by the respondents, the present Writ Petition has been filed.

3. Though very many grounds have been raised in this Writ Petition, learned counsel appearing on behalf of the petitioner submits that it would suffice if this Court issues direction to the fourth and fifth respondents to consider the petitioner's representation dated 27.07.2022 and pass appropriate orders within a particular time frame to be fixed by this Court.

4. Learned Additional Government Pleader appearing for the respondents has no objection for the said order being passed.

5. Heard the learned counsel appearing on either side and perused the materials placed before this Court.

6. Taking into consideration the facts and circumstances of the case, this Court, without going into the merits of the case, directs the fourth and fifth respondents to consider the petitioner's representation dated 3/6

27.07.2022 and pass appropriate orders on merits and in accordance with law after affording an opportunity of hearing to the petitioner as well as aggrieved persons, if any, within a period of twelve weeks from the date of receipt of a copy of this order.

7. With the above observation and directions, this Writ Petition is disposed of. No costs.

10.10.2022 RAP Index :

Yes/No Speaking order :

Yes/No 4/6

To:

1. The District Collector, Vellore District, Vellore - 632 009.

2. The District Revenue Officer, Vellore Revenue Division, Vellore - 632 009.

3. The Revenue Divisional Officer, Revenue Divisional Office, Kamarajar Nagar, Vellore - 635 601.

4. The Tahsildar, Tahsildar Office, Katpadi, Vellore District - 632 007.

5. The Chief Land Surveyor, Tahsildar Office, Katpadi, Vellore District - 632 007.

5/6

M.DHANDAPANI, J.

RAP 10.10.2022 6/6