Balakrishnan.J v. The District Collector

W.P.(MD).No.11839 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.07.2021 CORAM :

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH W.P.(MD).No.11839 of 2021 J.Balakrishnan

...Petitioner

Vs.

1.The District Collector, Tiruchirappalli.

2.The Tahsildar, Thiruverumbur, Tiruchirappalli.

3.The Zonal Deputy Tahsildar, Thiruverumbur, Tiruchirappalli.

... Respondents Prayer: This Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, against the 2nd respondent to consider the Application No.2021/0103/15/227608, dated 30.04.2021, with regard to the transfer of the existing Patta No.127, in the petitioner's name.

For Petitioner : Mr.T.A.Punithan For Respondents : Mr.M.Lingadurai Government Advocate

ORDER

This writ petition has been filed for the issue of a Writ of Mandamus, directing the second respondent to consider the application pending in Application No.2021/0103/15/227608, dated 30.04.2021, wherein, the petitioner has sought for transfer of patta in his name with respect to the subject property. 2.The case of the petitioner is that the subject property originally belonged to his father and his uncle and they were enjoying as joint owners. A joint patta was also given in their names in patta Nos.127 & 261. The further case of the petitioner is that his father executed a settlement deed, on 28.04.2021, in his favour.

3.The petitioner made an application before the second respondent, on 30.04.2021, seeking for issuance of patta in his name with respect to the subject property that has been settled in his favour. Since the same was not acted upon, the present writ petition has been filed before this Court, seeking for appropriate directions.

4.Heard Mr.T.A.Punithan, learned counsel appearing for the https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD).No.11839 of 2021 petitioner and Mr.M.Lingadurai, learned Government Advocate appearing for the respondents.

5.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 act upon the application submitted by the petitioner in Application No. 2021/0103/15/227608, dated 30.04.2021 and deal with the same on its own merits and in accordance with law and pass orders, within a period of six weeks from the date of receipt of a copy of this order. If there are any other interested parties, notice shall also be issued to them before passing final orders. 6.The petitioner is directed to make a fresh representation to the second respondent along with all relevant documents and also a copy of this order.

7.This writ petition is disposed of with the above directions. No costs.

Sd/- Assistant Registrar (CS-I) // True Copy // / /2021 Sub Assistant Registrar(CS) TM 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.

To:

1.The District Collector, Tiruchirappalli.

2.The Tahsildar, Thiruverumbur, Tiruchirappalli.

3.The Zonal Deputy Tahsildar, Thiruverumbur, Tiruchirappalli.

+1 CC to M/s.SPL GP ( SR-22965[F] dated 16/07/2021 ) W.P.(MD).No.11839 of 2021 15.07.2021 RD(23.07.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2