M.Kolangi v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.10.2023

CORAM

THE HON'BLE MR. JUSTICE P.VELMURUGAN and W.M.P.No.29009 of 2023

1. M.Kolangi

2. M.Veeran ... Petitioners Vs.

1. The District Collector, Kallakurichi District, Kallakurichi.

2. The Tahsildar, Sankarapuram Taluk Office, Sankarapuram, Kallakurichi District.

...

Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus or any other appropriate writ or order or direction in the nature of a writ, directing the 2nd respondent namely, the Tahsildar, Sankarapuram Taluk office, Sankarapuram, Kallakurichi District, to consider and pass orders on the applications submitted by the petitioners dated 23.03.2023 within a stipulated time.

For Petitioners : Mr.A.G.Rajan For Respondents : Mr.P.Gurunathan Additional Government Pleader * * * * *

O R D E R

This Writ Petition has been filed to issue a Writ of Mandamus to direct the second respondent to consider the petitioners' representation dated 23.03.2023.

2. Learned counsel for the petitioners submitted that the petitioners have filed online applications on 23.03.2023 for transferring of patta. Though the said applications were accepted by the second respondent, they have not passed any order with regard to the same till now. Therefore, the petitioners have filed the present Writ Petition.

3. Learned Additional Government Pleader appearing for the respondents submitted that the petitioners had submitted their applications before the Sankarapuram Taluk Office which is not the

jurisdictional office to deal with the matter and the Vanapuram Taluk Office is the jurisdictional office to deal with the matter.

4. It is seen that in spite of petitioners' online applications were received by the respondents, neither they have given any reply to the petitioners about the jurisdictional authority nor forwarded the same to the jurisdictional office. Once application is received, they ought to have either forwarded the same to the jurisdictional Taluk Office namely Vannambur Taluk Office, or a suitable reply shall be given to the petitioners, whereas the application is pending from 23.03.2023 onwards without any progress.

5. Under the facts and circumstances, this Court directs the first respondent to issue proper direction to the jurisdictional Tahsildar to consider the petitioners' representation and pass appropriate orders in accordance with law preferably within a period of three months from the date of receipt of a copy of this order.

6. With the abovesaid direction, the Writ Petition is disposed of. There shall be no order as to costs. Connected miscellaneous petition in W.M.P.No.29009 of 2023 is ordered on payment of separate court fees by each of the petitioners.

10.10.2023 mfa Index:Yes/No Speaking Order: Yes/No To

1. The District Collector, Kallakurichi District, Kallakurichi.

2. The Tahsildar, Sankarapuram Taluk Office, Sankarapuram, Kallakurichi District.

P.VELMURUGAN, J.

mfa and W.M.P.No.29009 of 2023 10.10.2023