K.M.Kajamohideen v. The Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.11.2015

CORAM:

THE HONOURABLE MR.JUSTICE K.RAVICHANDRABAABU W.P.(MD)No.20891 of 2015 K.M.Kajamohideen ... Petitioner Vs.

1.The Commissioner, Central Office, Tirunelveli Municipal Corporation, Tirunelveli.

2.The Assistant Commissione, Melpalayam Zonal Office, Tirunelveli Municipal Corporation, Nethaji Road, Melapalayam, Tirunelveli.

... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India for the issuance of a Writ of Mandamus, to direct the second respondent to dispose the patta proceedings in No.TP.3/5952/2015 on the file of his office filed by the petitioner within the period stipulated by this Court.

For Petitioner : Mr.S.Selvakumar For Respondents : Mr.Aayiram K.Selvakumar Government Advocate

O R D E R

Mr.Aayiram K.Selvakumar, learned Government Advocate takes notice for the respondents and by consent of both the parties, the main Writ Petition itself is taken up for final disposal at the stage of admission.

2. Heard the learned Counsel appearing for the petitioner and the learned Government Advocate appearing for the respondents.

3. The petitioner seeks for a direction to the second respondent to dispose of the patta proceedings in No.TP.3/5952/2015. It is stated by the learned counsel appearing for the petitioner that the petitioner has applied for transfer of patta in respect of the subject matter land in his favour after purchasing the said property from his vendor. It is also stated that there is a rival claimant in respect of that property.

4. The learned Government Advocate appearing for the respondents based on instructions submitted that though notice was issued to the parties including rival claimant, such person has not appeared on the date of enquiry and therefore the enquiry could not be completed. However, he submitted that within a time frame fixed by this Court, the enquiry will be completed and final order will be passed by the second respondent. https://hcservices.ecourts.gov.in/hcservices/

5. Considering the above facts and circumstances, the second respondent is directed to complete the enquiry and pass orders on merits and in accordance with law after hearing both the petitioner as well as the rival claimant. All such exercises shall be completed by the second respondent within a period of four weeks from the date of receipt of a copy of this order. However, it is made clear that this Court is not expressing any view on the merits of the claim made by the petitioner in respect of the property purchased by him.

5. With this direction this Writ Petition is disposed of. No Costs. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar Madurai Bench of Madras High Court, Madurai.

To 1.The Commissioner, Central Office, Tirunelveli Municipal Corporation, Tirunelveli.

2.The Assistant Commissione, Melpalayam Zonal Office, Tirunelveli Municipal Corporation, Nethaji Road, Melapalayam, Tirunelveli.

+1cc to M/S.Aayiram K.Selvakumar, Advocate in SR.No. 67621 TS/04.12.2015/2P-4C/SK W.P.(MD)No.20891 of 2015 25.11.2015 https://hcservices.ecourts.gov.in/hcservices/