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Madras High CourtWP/35428/2023dismissed as infructuous

S.Samadana Mary v. The District Collector,

2024-01-30Honourable Mr Justice P. Velmurugan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.01.2024

CORAM

THE HONOURABLE MR.JUSTICE P.VELMURUGAN and W.M.P.No.35382 of 2023 1.S.Samadana Mary 2.S.Augustine ... Petitioners versus 1.The District Collector, Collector Office Road, Moovendar Nagar, Villupuram District, Villupuram - 605 602.

2.The Revenue Divisional Officer, Villupuram - Pudhucherry Road, Villupuram District, Villupuram - 605 602.

3.The Tahsildar, Vikiravandi Taluk, Villupuram District, Villupuram - 605 652.

4.C.Gnanaprakasam .....Respondents Writ Petition filed under Article 226 of Constitution of India, praying to issue a Writ of Mandamus, directing the first respondent to issue Pg.Nos.1/5

appropriate instruction to the 2nd and 3rd respondents to transfer patta for the Writ Schedule Property in the name of the first petitioner by disposing off the Patta Transfer representation dated 31.01.2022 sent by the second petitioner within a time frame as stipulated by this Court. For Petitioners :

Mr.S.Mazhaimeni Pandiyan For Respondents :

Mr.R.U.Dinesh Rajkumar Additional Government Pleader for R1 to R3 Mr.K.Francis for R4

O R D E R

This Writ Petition has been filed seeking for issuance of a writ of mandamus directing the first respondent to issue appropriate instructions to respondents 2 and 3 to transfer patta in respect of the subject property in the name of the first petitioner by disposing of the Patta Transfer representation dated 31.01.2022 sent by the second petitioner within a time frame as stipulated by this Court.

2. Today, when the matter is taken up for hearing the learned Additional Government Pleader appearing for the respondents 1 to 3 Pg.Nos.2/5

submitted that the second respondent has already considered the representation of the petitioner dated 31.01.2022 and passed appropriate orders on merits and in accordance with law on 05.01.2024, after giving due opportunity of hearing to the parties. He has also filed the order of the second respondent herein dated 05.01.2024 to that effect.

3. Since the second respondent has already considered the representation of the petitioner dated 31.01.2022 and passed appropriate orders, nothing survives for adjudication in the writ petition. Accordingly, this writ petition is dismissed as having become infructuous. However, the petitioners are at liberty to work out their remedy in the manner known to law, if at all, they aggrieved against the order of the second respondent dated 05.01.2024.

4. W.M.P.No.35382 of 2023 is ordered on payment of separate Court fees by each of the petitioners. There shall be no order as to costs. 30.01.2024 Index: Yes/No Speaking Order : Yes/No Pg.Nos.3/5

ms To 1.The District Collector, Collector Office Road, Moovendar Nagar, Villupuram District, Villupuram - 605 602.

2.The Revenue Divisional Officer, Villupuram - Pudhucherry Road, Villupuram District, Villupuram - 605 602.

3.The Tahsildar, Vikiravandi Taluk, Villupuram District, Villupuram - 605 652.

Pg.Nos.4/5

P.VELMURUGAN, J.

ms 30.01.2024 Pg.Nos.5/5