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Madras High CourtWP/8549/2016disposed of

A.Ramesh v. The District Collector

2016-03-08Honourable Mr Justice R.Subbiah3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.03.2016

CORAM

THE HONOURABLE MR.JUSTICE R.SUBBIAH W.P.No.8549 of 2016 A. Ramesh ... Petitioner Vs.

1. The District Collector, Coimbatore District, Coimbatore-641 001.

2. The Sub Collector,

3. The Tahsildhar, Tahsildar Office, ... Respondents PRAYER : Writ petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of mandamus, to direct 3rd respondent to implement the order passed by the 2nd respondent on the basis of the proceedings initiated in Oo.Mu.3500/14/B1, dated 31.12.2014 to change the revenue records in the name of the petitioner within the time fixed by this Court. For Petitioner :

Mr.C.Veeraraghavan For Respondents:

:

Mr.P.Karthikeyan, GA

O R D E R

This Writ Petition has been filed praying for the issuance of a writ of mandamus, to direct 3rd respondent to implement the order passed by the 2nd respondent on the basis of the proceedings initiated in Oo.Mu.3500/14/B1, dated 31.12.2014 to change the revenue records in the name of the petitioner within the time fixed by this Court.

2. According to the petitioner, he is the owner of the property situated in S.F.No.100/9 to an extent of 1.01 acres situated in Chinnampalayam village, Pollachi taluk, Coimbatore District. He purchased the said property from one Karthikeyan by

way of sale deed dated 18.9.2014. Thereafter, the petitioner made an application to the third respondent to change the name in revenue records. Since the 3rd respondent has not taken any steps to change revenue records in the name of the petitioner, he issued a legal notice to the 2nd respondent dated 13.12.2014 to change the patta and other revenue records in his name. Thereafter, the second respondent initiated proceedings in Oo.Mu.3500/14/B1 dated 31.12.2014, directing the third respondent to issue patta in the name of the petitioner. The grievance of the petitioner is that the third respondent has not implemented the direction of the second respondent and not issued patta in favour of the petitioner. Hence the writ petition.

3. Without going into the merits of the claim of the petitioner, the petitioner is hereby directed to submit a fresh representation to the third respondent along with a copy of this order, within a period of two weeks from the date of receipt of a copy of this order and on receipt of the same, the third respondent is directed, to consider the representation of the petitioner, and pass an appropriate order, on merits and in accordance with law, within a period of six weeks, thereafter, by affording an opportunity of personal hearing, to the petitioner . It is made clear that this Court has not expressed any opinion with regard to the merits of the claim of the petition.

4. With the above direction, this writ petition is disposed of. No costs.

Sd/- Asst.Registrar (CO) /true copy/ Sub Asst. Registrar mvs.

To

1. The District Collector, Coimbatore District, Coimbatore-641 001.

2. The Sub Collector,

3. The Tahsildhar, Tahsildar Office, 1 cc to Government Pleader, Sr. 14994 W.P.No.8549 of 2016 MP (CO) kk 28/3