Sultan Badsa.M.A v. The District Collector,

W.P.(MD)No.1308 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.04.2021

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH W.P.(MD)No.1308 of 2021 M.A.Sultan Badsa .. Petitioner Vs.

1.The District Collector, Madurai District.

2.The Revenue Divisional Officer, Madurai South Taluk, Madurai District.

3.The Thasildar, Madurai South Taluk, Madurai District.

.. Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the respondents to consider the representation dated 23.11.2020, and consequently direct the 3rd respondent to take appropriate action in patta transfer application No.2019/0103/24/092920, dated 09.07.2019 of the petitioner.

For Petitioner : Mr.J.Vijayaraja For Respondents : Ms.M.Rajeswari, Government Advocate.

ORDER

This Writ Petition has been filed for the issue of a Writ of Mandamus, directing the respondents to consider the representation made by the petitioner on 23.11.2020, wherein the petitioner is seeking for issuance of a separate patta in his name.

2. The case of the petitioner is that the subject property originally belonged to the father of the petitioner. The father of the petitioner, by way of a oral hiba, gifted the property to all his three sons. Thereafter, a joint patta was also issued in patta No.513. The further case of the petitioner is that one of the brothers managed to get a patta in his name for the portion allotted to him. The petitioner also submitted a representation on 23.11.2020, seeking for a patta in his name. Since the same was not considered, the present Writ Petition has been filed before this Court seeking for appropriate direction.

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W.P.(MD)No.1308 of 2021

3. Heard Mr.J.Vijayaraja, learned counsel for the petitioner and Ms.M.Rajeswari, learned Government Advocate appearing for the respondents.

4. Taking into consideration the facts and circumstances of the case and the limited relief sought for in this Writ Petition, there shall be a direction to the third respondent to consider the representation made by the petitioner on 23.11.2020, and call the petitioner and the other necessary parties for an enquiry and pass appropriate orders, strictly, in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order.

5. The petitioner is directed to make a fresh representation to the third respondent along with all the relevant documents and also a copy of this order.

6. This Writ Petition is disposed of with the above direction. No costs.

Sd/- Assistant Registrar (RTI ACT) // True Copy // / /2021 Sub Assistant Registrar(CS) vsm Note :

In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the Advocate / litigant concerned.

To 1.The District Collector, Madurai District.

2.The Revenue Divisional Officer, Madurai South Taluk, Madurai District.

3.The Thasildar, Madurai South Taluk, Madurai District.

+1 CC to M/s.SPL GP ( SR-15997[F] dated 16/04/2021 ) W.P.(MD)No.1308 of 2021 09.04.2021 RK (27.04.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2