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Madras High CourtWP/5073/2016disposed of

P.Venkatachalam, v. The Thasildar,

2016-02-11Honourable Mr Justice R.Subbiah3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.02.2016

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBBIAH W.P.No.5073 of 2016 P.Venkatachalam ... Petitioner Vs.

1. The Thasildar, Taluk Office, Pochampalli,

2. Village Administrative Officer, Village Administrative Office, Vadamallampatty, Pochampalli Taluk, ... 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 transfer the patta in the name of the petitioner for the land in Survey No.54/11 of Vadamallampatty Village, Pochampalli Taluk, Krishnagiri District.

For Petitioner : Mr.K.Thiruvengadam For Respondents : Mr.V.Jayaprakash Narayanan, Special Government Pleader

ORDER

The petitioner has come forward with this Writ Petition seeking for issuance of a Writ of Mandamus to direct the respondents to transfer the patta in the name of the petitioner for the land in Survey No.54/11 of Vadamallampatty Village, Pochampalli Taluk, Krishnagiri District.

2. It is the case of the petitioner that he had purchased 432 Sq.Ft. of land in S.No.54/11 situated at Vadamalampatty Village, Pochampalli Taluk, Krishnagiri District on 16.12.2015 and registered as D.No.3553/2015 of Sub-Registrar, Pochampalli from Rani, wife of K.Boopathi, Vadamalampatti, Pochampalli

Taluk, Krishnagiri District and the possession was handed over to the petitioner on the same day by the vendor and as such, he is in peaceful possession and enjoyment of the said property without any interruption as on date. While so, on the same day, i.e. on 16.12.2015, the petitioner submitted application for transfer of patta in his name to the first respondent, via SubRegistrar Office, Pochampalli, as per the procedures. Since no action was taken on his application for change of patta, the petitioner submitted a representation, dated 22.01.2016, along with a copy of the sale deed, to the respondents herein. It is the grievance of the petitioner that though he has paid necessary charges and requisite fee for change of patta to the respondents herein, the said representation has not been considered till date and hence, the petitioner has filed this Writ Petition for the relief stated above.

3. Heard the learned counsel for the petitioner and the learned Special Government Pleader, who took notice for the respondents.

4. Considering the limited scope of the prayer made in this Writ Petition, without going into the merits of the claim of the petitioner, this Writ Petition is disposed of, with a direction to the first respondent to consider the said representation, dated 22.01.2016 of the petitioner with regard to the change/transfer of patta in his name in regard to the land in question and after giving an opportunity of hearing to the petitioner and necessary parties, if any, dispose of the said representation, on merits and in accordance with law, within a period of six weeks from the date of receipt of a copy of this order. No costs.

Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar cs To

1. The Thasildar, Taluk Office, Pochampalli,

2. Village Administrative Officer, Village Administrative Office, Vadamallampatty, Pochampalli Taluk, +1cc to Mr.K.Thiruvengadam, Advocate, S.R.No.8895 +1cc to the Government Pleader, S.R.No.9148 W.P.No.5073 of 2016 SR(CO) CA(25/02/2016)