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Madras High CourtWP/5023/2016disposed of

K.M.Malarmannan v. The District Revenue Officer

2016-02-10Honourable Mr Justice R.Subbiah3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.02.2016

CORAM

THE HONOURABLE MR. JUSTICE R.SUBBIAH W.P.No.5023 of 2016 K.M.Malarmannan .. Petitioner Vs.

The District Revenue Officer (Land and Possession Department) Chennai Corporation, Ripon Buildings, Chennai-3.

2.The Assistant Revenue Officer 7th Zone, Chennai Corporation, Ambattur, Chennai-53.

... Respondents Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of mandamus to direct the respondents to consider the petitioner's representation dated 13.11.2015 consequently direct the respondents to issue name change certificate in favour of the petitioner to the shop No.16, Corporation Shopping Complex, East Avenue, Chennai Corporation, Korattur, Chennai-80.

For Petitioner : M/s.N.Vinobha For respondents: Mr.P.V.Selvakumar for Corporation.

O R D E R

With the consent of both sides, the Writ Petition is taken up for final disposal.

2.The petitioner has come up with the present writ petition for issuance of writ of mandamus to direct the respondents to consider the petitioner's representation dated 13.11.2015 consequently direct the respondents to issue name change certificate in favour of the petitioner to the shop No.16, Corporation Shopping Complex, East Avenue, Chennai Corporation, Korattur, Chennai-80.

3.The petitioner is a practising Advocate having his office at the above said premises from 14.09.2011 to till date, as a tenant under the respondents. The said shop No.16 was handed over by one Arunagiri to the petitioner. Originally, twenty years back, the said shop No.16, was allotted to one Ramamoorthy

and he died very long back, the said Arunagiri who is the son of deceased Ramamoorthy, now both of them are not alive. The said Arunagiri handed over the said shop to the petitioner and the petitioner is paying the rent payable to the respondents regularly. The Attorney had given consent letter dated 14.09.2011 for name transfer, the same is also informed by the petitioner in his letter dated 22.02.2012 to the respondents. In reply, the respondents permitted him to continue with the possession, the petitioner paid rent on 01.10.2014 for a sum of Rs.21,648/- as part of rent and also paid all the arrears of rent on 28.10.2015 for Rs.46,921/-. The petitioner submitted his representation to the respondents on 13.11.2015 for name transfer with regard to the shop No.16, stated above. The second respondent in his letter dated 06.01.

2016, stated that the same is forwarded to the first respondent and seeking opinion for change of name in favour of the petitioner. Hence, the petitioner filed the present writ petition. 4.Heard the submissions of learned counsel appearing for the petitioner and the learned standing counsel appearing for the Chennai Corporation who accepts notice on behalf of the respondents.

5.This Court, without going into the merits of the claim of the petitioner, directs the respondents to consider and dispose of the petitioner's representation dated 13.11.2015 in accordance with law, within a period of four weeks from the date of receipt of a copy of this order.

6.The writ petition is disposed of accordingly. No costs. Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar To The District Revenue Officer (Land and Possession Department) Chennai Corporation, Ripon Buildings, Chennai-3.

2.The Assistant Revenue Officer 7th Zone, Chennai Corporation, Ambattur, Chennai-53.

+1cc to M/S.N.Vinobha, Advocate, S.R.No.8552 +1cc to M/S.P.V.Selvakumar, Advocate, S.R.No.8468 W.P.No.5023 of 2016.

ev(CO) srg(24/02/2016)