Chinnathal v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.04.2021

CORAM:

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH (Through Video Conference) Chinnathal

...Petitioner

Vs.

1) The District Collector, Dindigul District, Dindigul.

2) The Revenue Divisional Officer, Palani, Dindigul District.

3) The Tahsildar, Vedasandur Taluk, Dindigul District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents to consider the petitioner's representation dated 06.20.2020 with respect to the issue a Patta to the petitioner for the lands in Survey No.297 of Ayyalur village, Vedasandur Taluk, Dindigul District to an extent of 1.77 Acres.

For Petitioner : Mr.T.M.Madasamy For Respondent : Mr.D.Muruganantham, Additional Government Pleader

O R D E R

This Writ Petition has been filed for the issue of Writ of Mandamus directing the respondents to consider the representation made by the petitioner on 06.10.2020, wherein the petitioner has sought for transferring the assignment Patta in her favour.

2. The case of the petitioner is that the subject property was originally assigned in favour of her father by the third respondent through proceedings, dated 30.11.1981. The further case of the petitioner is that her father and herself are cultivating the land till date. Since the father of the petitioner was getting old, he wanted the assignment to be transferred in the name of the petitioner. Hence, he made a representation on 18.09.2020 in this regard. The petitioner also made a representation on 06.10.2020. Since the same was not considered, the present writ petition has been filed before this Court seeking for appropriate directions. 1/3

3. The learned Additional Government Pleader appearing on behalf of the respondents submitted that the representation made by the petitioner has been taken on file by the third respondent and the third respondent, through communication dated 29.12.2020 has directed the petitioner to submit all the relevant documents in order to consider the representation made by the petitioner. The learned counsel submitted that as and when the petitioner submits the relevant documents, the representation will be considered and orders will be passed within the time limit fixed by this Court.

4. Heard Mr.T.M.Madasamy, learned counsel for the petitioner and Mr.D.Muruganantham, learned Additional Government Pleader appearing on behalf of the respondents.

5. Taking into consideration the facts and circumstances of the case and also of the fact that the third respondent has already entertained the representation made by the petitioner, there shall be a direction to the petitioner to submit all the relevant documents before the third respondent. The third respondent shall consider the representation on its own merits and strictly in accordance with law and pass orders within a period of eight (08) weeks from the date of receipt of a copy of this order.

6. 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.

7. This Writ Petition is disposed of with the above direction. However, there shall be no order as to costs. Sd/- Assistant Registrar (T&P) // True Copy // / /2021 Sub Assistant Registrar(CS) 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.

Sts To:

1) The District Collector, Dindigul District, Dindigul.

2/3

2) The Revenue Divisional Officer, Palani, Dindigul District.

3) The Tahsildar, Vedasandur Taluk, Dindigul District.

+1 CC to M/s.SPL GP ( SR-15637[F] dated 09/04/2021 ) Order made in GS (23.06.2021) 3P 5C 3/3