A.Mohammed Ali v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.01.2020
CORAM:
THE HONOURABLE MR.JUSTICE S.S. SUNDAR A.Mohammed Ali .. Petitioner Vs.
1.The District Collector, Thanjavur District.
2.The District Revenue Officer, Thanjavur District.
3.The Revenue Divisional Officer, Kumbakonam Taluk, Thanjavur District.
4.The Tahsildar, Kumbakonam Taluk, Thanjavur District.
5.The Surveyor, Survey Office, Kumbakonam Taluk, Thanjavur District.
6.The Village Administrative Officer, Valayapettai, Kumbakonam Taluk, Thanjavur District.
.. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, for the issuance of Writ of Mandamus, directing the respondents 1 to 6 to consider the petitioner's representation, dated 24.08.2018 and transfer the patta in his favour within a reasonable period of time.
For Petitioner : Mr.P.Ganapathi Subramanian For Respondents : Mr.A.Muthukaruppan Additional Government Pleader 1/3
ORDER
This writ petition is filed for issuing a writ of Mandamus to direct the respondents 1 to 6 to consider the petitioner's representation, dated 24.02.2018 and transfer the patta in favour of the petitioner in respect of the property in S.No.197/50 at Valaiyapettai Village.
2.Mr.A.Muthukaruppan, learned Additional Government Pleader takes notice for the respondents. By consent of both parties, this writ petition is taken up for final disposal at the admission stage itself.
3.The petitioner states that his right and enjoyment over the property is recognized by the Tahsildar concerned and direction was also issued by the Deputy Tahsildar for grant of patta in favour of the petitioner to the Village Administrative Officer. Stating that the said order of Deputy Tahsildar was not carried out in revenue records, the petitioner has submitted a representation to the respondents on 24.08.2018. Since the representation is not considered so far, the petitioner has approached this Court. 4.
Having regard to the limited scope of the prayer that is sought for in the writ petition and the submission of the petitioner's counsel that the petitioner will be satisfied if a direction is issued to the Tahsildar namely, the fourth respondent herein to consider the petitioner's representation within a time stipulated by this Court, without expressing any opinion on the merits of the petitioner's representation, this Court is inclined to dispose of the writ petition with the following direction:- The fourth respondent is directed to consider the petitioner's representation, dated 24.08.2018 and pass appropriate orders or to carry out the changes in the revenue records, after giving opportunity to the petitioner and any one who is found to have interest, within a period of six weeks from the date of receipt of a copy of this order.
5.With the above directions, this writ petition is disposed of. No costs.
Sd/- Assistant Registrar (Records) // True Copy // / /2020 Sub Assistant Registrar(CS) 2/3
TM To 1.The District Collector, Thanjavur District. 2.The District Revenue Officer, Thanjavur District. 3.The Revenue Divisional Officer, Kumbakonam Taluk, Thanjavur District.
4.The Tahsildar, Kumbakonam Taluk, Thanjavur District. 5.The Surveyor, Survey Office, Kumbakonam Taluk, Thanjavur District. 6.The Village Administrative Officer, Valayapettai, Kumbakonam Taluk, Thanjavur District.
+1 CC to M/s.SPL.GP ( SR-4311[F] dated 31/01/2020 ) 30.01.2020 KK/SAR/17.02.2020/3P-8C/ 3/3