A.Amanullah v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.03.2016

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBBIAH W.P.No.8198 of 2016 A.Amanullah .. Petitioner Vs.

1. The District Collector, Kanchipuram District, Kanchipuram.

2. The Thasildhar, Alandur Taluk, Chennai. .. 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 representation of the petitioner, dated 07.09.2015 and dispose of the same within a time frame. For Petitioner : Mr.R.Muthamizh For Respondents : Mr.M.Dig Vijay Pandian, Addl.G.P.

ORDER

The petitioner has filed this Writ Petition praying for issuance of a Writ of Mandamus to direct the respondents to consider the representation of the petitioner, dated 07.09.2015 and dispose of the same within a time frame.

2. It is stated by the petitioner in the affidavit filed in support of the Writ Petition that he purchased a vacant site having municipal address in Old No.129, New No.100, Pammal Village, Pallavaram, Chennai, in Old Survey No.86/7, New Survey No.86/92 in Patta No.2175, Plot No.46, measuring an extent of 2493.75 Sq.Ft. from Late Mr.Diwakar in the year 1988, which was registered before the Sub-Registrar, Pallavaram, vide Document No.3883/1988. The petitioner constructed concrete terrace house and living with his family from the date of purchase and is in possession and enjoyment of the property. He paid property tax and other Revenue taxes to the concerned authorities. While that being so, it is the grievance of the petitioner that the patta was not transferred in his name till date.

Hence, at the first instance, the petitioner gave a representation to the second respondent and since no action was taken, he made a representation to the Revenue Inspector, Tambaam and also on 07.01.2015 to the Chief Minister of Tamil Nadu (Special Cell). Thereafter, he gave a representation, dated 07.09.2015 to the https://hcservices.ecourts.gov.

first respondent with all relevant documents. Since no action had been taken on the above representations and the petitioner being a senior citizen, aged about 62 years with falling health, has filed this Writ Petition for the above relief.

3. Heard both sides. It is submitted by the learned Additional Government Pleader appearing for the respondents that already, the first respondent has forwarded the said representation, dated 07.09.2015 to the second respondent for necessary action and the same is pending with the second respondent.

4. Hence, considering the limited scope of the prayer made in the Writ Petition, without going into the merits of the case, this Court directs the second respondent to consider the said representation, dated 07.09.2015 of the petitioner and after giving an opportunity of personal hearing to the petitioner and necessary parties, pass appropriate orders and dispose of the said representation, within a period of six weeks from the date of receipt of a copy of this order.

5. With the above observations and directions, the Writ Petition is disposed of. No costs.

cs s/d- Assistant Registrar(J) True Copy Sub-Assistant Registrar Copy to

1. The District Collector, Kanchipuram District, Kanchipuram.

2. The Thasildhar, Alandur Taluk, Chennai.

+ 1 cc to Mr.R.Muthamizh, Advocate, SR 13944 + 1 cc to Govt.Pleader, High Court, Madras SR 14309 ctk(co) prk23/3 W.P.No.8198 of 2016 https://hcservices.ecourts.gov.in/hcservices/