Madras High CourtWP(MD)/185/2015disposed of

O.Ramasamy, v. The District Collector,

2015-01-08Honourable Mr Justice B. Rajendran2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.01.2015

CORAM

THE HONOURBLE MR.JUSTICE B.RAJENDRAN W.P(MD).No.185 of 2015 O.RAMASAMY .. Petitioner Vs.

1. THE DISTRICT COLLECTOR, VIRUDHUNAGAR DISTRICT, VIRUDHUNAGAR.

2. THE TAHSILDAR, KARIAPATTI TALUK, VIRUDHUNAGAR DISTRICT.

.. Respondents Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the 2nd Respondent to consider the Petitioner's representation dated 04.09.2014 within a stipulated period as prescribed by this Court.

For Petitioner : Mr.S.Jayapriya For Respondents : Mr.S.Chandrasekar Government Advocate

ORDER

The petitioner seeks for issuance of writ of Mandamus directing the second respondent to consider his representation dated 04.09.2014.

2. The petitioner has filed an application seeking for transfer of patta. According to him, the third parties names have been wrongly impleaded and therefore, he has given necessary application to enquire and change the patta in his name. Even though the application has been received and acknowledgment has also produced as early as on 14.09.2014, till date no action has been taken. Therefore, he has come forward with this writ petition.

3. The learned counsel for the petitioner brought to the notice of this that apart from the petitioner, the persons whose names have been included are necessarily to be given notice for enquiry and without that, no order could be passed. Therefore, there is a delay. https://hcservices.ecourts.gov.in/hcservices/

4. Considering the fact that the petitioner has sought for change of patta that too after removing the name of third parties, the respondent can only pass orders after hearing both the parties. Therefore, it would suffice to state that the second respondent/Tahsildar will consider the representation of the petitioner dated 04.09.2014 after giving sufficient opportunities to both the petitioner and the third parties in whose names the patta now stand and get necessary details and thereafter, pass orders in accordance with law within a period of six months 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(AE) /TRUE COPY/ Sub Assistant Registrar To

1. THE DISTRICT COLLECTOR, VIRUDHUNAGAR DISTRICT, VIRUDHUNAGAR.

2. THE TAHSILDAR, KARIAPATTI TALUK, VIRUDHUNAGAR DISTRICT.

+1cc to Special Govt.Pleader SR.No.983 +1cc to Mr.S.Jayapriya,Advocate, SR.No.775 W.P(MD).No.185 of 2015 08.01.2015 rj2 PA/13.02.15/2P/5C https://hcservices.ecourts.gov.in/hcservices/