V.Murugesan, v. The District Collector,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.11.2018

CORAM

THE HONOURABLE Mrs. JUSTICE PUSHPA SATHYANARAYANA W.P.No.26536 of 2018 and W.M.P.No.30874 of 2018 V.Murugesan .. Petitioner Vs.

1. The District Collector, The District Collector Office, Dharmapuri District.

2. The Tahsildar, Pennagaram Taluk Office, Pennagaram Taluk, Dharmapuri District.

3. The Firkha Surveyor, Pennagaram Taluk Office, Thonna Kutta Halli Village, Pennagaram Taluk, Dharmapuri District.

4. The Village Administrative Officer, Thonna Kutta Halli Village, Pennagaram Taluk, Dharmapuri District.

.. Respondents PRAYER: Writ Petitions filed Under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the 2nd respondent herein to consider the petitioner patta application dated 22.06.2018, vide application Nos.2018/0105/05/030556 and 2018/0105/05/030580 consequently to issue patta in Survey Nos.318/6, 320, 321, 333/2, 334/3, 334/5 and 331 situated at Dharmapuri District, Pennagaram Taluk, Thonna Kutta Halli Village to the petitioner within a stipulated time that may be fixed by this Court.

For Petitioner : Mr.N.Elumalai For Respondents : Mr.E.Balamurugan Special Government Pleader

O R D E R

The present Writ Petition has been filed for issuance of Writ of Mandamus to direct the second respondent to consider the application submitted by the petitioner for transfer of patta dated 22.06.2018.

2. It is stated by the learned counsel appearing for the petitioner that the petitioner has bequeathed the ancestral properties in Survey No.320 measuring to an extent of 57 cents, Survey No.321 measuring to an extent of 22 1⁄4 cents, Survey No.333/2 measuring to an extent of 41 cents, Survey No.334/3 measuring to an extent of 20 cents and Survey No.334/5 measuring to an extent of 32 3⁄4 cents through the partition deed vide Document No.974/2016, dated 19.03.2016 registered on the file of the Sub-Registrar, Pennagaram. It is further stated that he also purchased the land in Survey No.331 measuring to an extent of 0.14 cents vide Document No.1673/2018 dated 25.05.2018. As originally the patta was stood in the name of one Perumayi, for the transfer of patta he applied through Online. As there is no response from the respondents, the petitioner has filed this Writ Petition with the aforesaid prayer.

3. Heard Mr.E.Balamurugan, learned Special Government Pleader, appearing on behalf of the respondents.

4. Considering the facts and circumstances of the case and the submissions made on either side, this Court, without expressing any opinion on the merits of the application, directs the second respondent to consider the petitioner's application dated 22.06.2018 and pass appropriate orders, on merits and in accordance with law, after issuing notice to the petitioner and the persons interested in this regard and also affording them an opportunity of personal hearing, within a period of six (6) weeks from the date of receipt of a copy of this order.

5. With the above directions, this Writ Petition is disposed of. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS-III) //True copy// Sub Assistant Registrar asi

To

1. The District Collector, The District Collector Office, Dharmapuri District.

2. The Tahsildar, Pennagaram Taluk Office, Pennagaram Taluk, Dharmapuri District.

3. The Firkha Surveyor, Pennagaram Taluk Office, Thonna Kutta Halli Village, Pennagaram Taluk, Dharmapuri District.

4. The Village Administrative Officer, Thonna Kutta Halli Village, Pennagaram Taluk, Dharmapuri District.

+1cc to M/s.C.Palanisamy, Advocate SR.No.81587 +1cc to Government Pleader SR.No.81728 W.P.No.26536 of 2018 and W.M.P.No.30874 of 2018 RSN(CO) GMY(02/01/2019)