Narayani Chandrasekaran v. The Dist.Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.06.2021
CORAM:
THE HON'BLE MR.JUSTICE N.ANAND VENKATESH 1.Narayani Chandrasekaran, through his Power Agent S.Ramachandran Sundaram S/o.Sundaram, No.5, Rathnasamy Nadar Street, B.B.Kulam, Madurai North, Madurai - 625 002. 2.S.Ramachandran Sundaram ... Petitioners Vs.
1.The District Collector, Madurai District, Madurai.
2.The Tahsildar, Madurai North Taluk, Madurai.
... Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India, for the issuance of Writ of Mandamus, directing the respondents 1 & 2 to consider the petitioner's representation, dated 19.05.2021 to transfer the Patta in the name of the petitioners with related to the properties comprised in T.S.No.2779/1, T.S.No.2780/1, to an extent of 12 1⁄2 Cents, situated at Ward No.6, Chokkikulam, Madurai Town, Madurai. For Petitioners : Mr.G.Solairaja For Respondents : Mr.M.Lingadurai, 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 petitioners on 19.05.2021, wherein, the petitioners are seeking for the transfer of patta in their names with respect to the subject property.
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2. The case of the petitioners is that the subject property was originally owned by the mother of the petitioners. The further case of the petitioners is that their mother and other legal heirs executed a release deed in favour of the petitioners on 20.01.1979, which was registered as Document No.125 of 1979. The grievance of the petitioners is that the petitioners had made an application before the second respondent seeking for the transfer of patta in their names on 20.04.2021 and it was followed up with a representation dated 19.05.2021. Since no action was taken on the application, the present Writ Petition has been filed before this Court seeking for appropriate directions.
3. Heard Mr.G.Solairaja, learned counsel appearing for the petitioners and Mr.M.Lingadurai, 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 second respondent to consider the representation made by the petitioners on 20.04.2021 and deal with the same on its own merits and in accordance with law and pass orders within a period of six (6) weeks from the date of receipt of a copy of this order. If there are any other interested parties claiming right over the subject property, they shall also be issued with notice and an opportunity shall also be given to them.
5. The petitioners are directed to make a fresh representation to the second respondent along with all the relevant documents and also a copy of this order.
6. The Writ Petition stands disposed of with the above directions. No costs.
Sd/- Assistant Registrar (CS I) // True Copy // / /2021 Sub Assistant Registrar(CS) tsg 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 2/3
order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned. To 1.The District Collector, Madurai District, Madurai.
2.The Tahsildar, Madurai North Taluk, Madurai.
+1 CC to M/s.SPL GP ( SR-20668[F] dated 30/06/2021 ) +1 CC to M/s.G.SOLAIRAJA, Advocate ( SR-20616[F] dated 30/06/2021 ) Order made in Dated :
28.06.2021 AS(05.07.2021) 3P 5C 3/3