K.Natarajan, v. The District Collector,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 02.01.2017
CORAM:
THE HONOURABLE MR. JUSTICE B.RAJENDRAN WRIT PETITION No.44537 of 2016 K.Natarajan ... Petitioner vs.
1.
The District Collector, Thiruvallur District, Thiruvallur - 602 001.
2.
The Revenue Divisional Officer (R.D.O.) Thiruvallur District, Thiruvallur 602 001.
The Tahsildar, Uthukottai Taluk, Thiruvallur District.
... Respondents Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of mandamus directing the respondents to act upon the petitioner's representation dated 26.02.2016 and transfer the patta in the name of the petitioner within a stipulated period.
For Petitioner :
Mr.S.Mahaveer Shivaji For Respondents :
Mr.R.S.Selvam Government Advocate
O R D E R
The petitioner has come up with this Writ Petition seeking a direction to the respondents to consider his representation dated 26.02.2016 and transfer the patta in his name, within a stipulated period.
2.
According to the petitioner, he purchased the property measuring an extent of 54 1/2 cents in Survey No.2/2 C1 situated at Kadharvedu Village, Uthukottai Taluk, Thiruvallur District from one Kuppammal and is in possession and enjoyment of the said property ever since the date of purchase. While so, it is his grievance that the 3rd respondent issued patta in respect of the said property to another person viz. Ramadoss, who, according to the petitioner, is no way connected to the property.
In this regard, the petitioner made a representation dated 26.02.2016 to all the respondents. Since the respondents did not take any action on the said representation, the petitioner made a representation to the 3rd respondent on 12.12.2013. The 3rd respondent issued summons to the said Ramadoss thrice and in the meanwhile, it was informed that the said Ramadoss expired on 17.06.2013. Thereafter, the legal heirs of the deceased Ramadoss sent a letter to the 3rd respondent on 08.06.2015 stating that they do not have any objection in transferring the patta to appropriate persons. 4.
The case of the petitioner is that the third respondent failed to transfer the patta in his name, even after receiving the No Objection Certificate from the legal heirs of the deceased Ramadoss. Hence, having no other alternative, the petitioner has approached this Court seeking a direction to the respondents to transfer patta to his name.
5.
Heard the learned counsel on either side and perused the material documents available on record.
6.
Considering the facts and circumstances of the case, this Court directs the respondents to consider the petitioner's representations dated 12.12.2013 and 26.02.2016 on merits and in accordance with law, and pass appropriate orders within a period of two months from the date of receipt of a copy of this order. This Writ Petition is disposed of with the above direction. No costs.
Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar aeb To:
1.
The District Collector, Thiruvallur District, Thiruvallur - 602 001.
2.
The Revenue Divisional Officer (R.D.O.) Thiruvallur District, Thiruvallur 602 001.
The Tahsildar, Uthukottai Taluk, Thiruvallur District.
+1cc to Mr.Mahaveer shivaji, Advocate, S.R.No.57 +1cc to the Government Pleader, S.R.No.434 kgk(CO) md(16/02/2017) W.P.No.44537 of 2016