P.Mangayarkarasi v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 28.11.2022
CORAM:
THE HONOURABLE MR. JUSTICE M.DHANDAPANI P.Mangayarkarasi ... Petitioner Vs.
1.The District Collector, District Collector Office, Krishnagiri District.
2. The Tahsildar, Barugur Tahsildar Office, Bargur Taluk, Krishnagiri District.
... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, directing the second respondent to consider and pass orders based on my online application No.2022/0105/31/386087, dated 04.08.2022 and representation dated 04.08.2022 and my representation dated 04.08.2022 for sub divided the Survey No.45, 45/1B, 46 and transfer the Patta No.1525 to and in favour me to an total extent of 10 1⁄2 cents situated at Mallapadi Village, Bargur Taluk, Krishnagiri District within a time frame as stipulated by this Court. For Petitioner :
Ms.R.Inthumathi For Respondents :
Mr.U.Bharanidharan Additional Government Pleader 1/5
ORDER
This Writ Petition has been filed seeking issuance of a Writ of Mandamus to direct the second respondent to consider and pass orders based on petitioner's online application No.2022/0105/31/386087, dated 04.08.2022 and petitioner's representation dated 04.08.2022 for sub divided the Survey No.45, 45/1B, 46 and transfer the Patta No.1525 to and in favour of the petitioner to an total extent of 10 1⁄2 cents, situated at Mallapadi Village, Bargur Taluk, Krishnagiri District within a time frame as stipulated by this Court.
2. The case of the petitioner is that the petitioner's mother is the owner of the aforesaid properties and she had executed a gift deed, vide Document Nos.620/1995, 3227/2018 and 3930/2018 in favour of the petitioner. Subsequent to the execution of the said deed, the petitioner is in peaceful possession and enjoyment of the said properties. The grievance of the petitioner is that, the Patta in respect of the aforesaid properties stands in the name of petitioner's mother. In order to transfer Patta in her name, the petitioner made online representation/application dated 04.08.2022 before the second respondent. Since the said representation was not 2/5
considered by the second respondent, the petitioner had filed the present Writ Petition.
3. Though very many grounds have been raised in this Writ Petition, learned counsel for the petitioner submitted that, it would suffice, if this Court issues a direction to the second respondent to consider the petitioner's representation dated 04.08.2022 and pass orders on the same within a particular time frame that may be fixed by this Court.
4. The learned Additional Government Pleader appearing for the respondents has no objection for the said order being passed.
5. In view of the above, this Court, without expressing any opinion on the merits of the case, directs the second respondent to consider the petitioner's representation dated 04.08.2022 and pass appropriate orders on merits and in accordance with law, after affording an opportunity of hearing to the petitioner and other aggrieved person, if any, within a period of twelve weeks from the date of receipt of a copy of this order.
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6. With the above observations and direction, this Writ Petition is disposed of. No costs.
28.11.2022 Index: Yes/No Speaking Order : Yes/ No jd To 1.The District Collector, District Collector Office, Krishnagiri District.
2. The Tahsildar, Barugur Tahsildar Office, Bargur Taluk, Krishnagiri District.
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M.DHANDAPANI, J.
jd 28.11.2022 5/5