M.Pandi, v. The District Collector,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.09.2017
CORAM:
THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM W.P.(MD)No.17171 of 2017 M.Pandi ... Petitioner Vs.
1.The District Collector, Dindigul District, Dindigul.
2.The District Land Surveyor, District Land Survey Office, Dindigul.
3.The Tahsildar, Nilakottai Taluk, Dindigul District.
...Respondents
PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the third respondent to transfer the patta in the name of the petitioner in respect of S.F.No.217/1 which an extent of 1 acre 441⁄2 cents situated at Mattaparai Village, Nilakottai Taluk, Dindigul District, by considering the petitioner's representation dated 21.07.2017 and same direct survey and demark the above said land within a stipulated time as may be fixed by this Court. For Petitioner : Mr.B.Babu For Respondents : Mr.C.Selvaraj Spl. Govt. Pleader
O R D E R
This writ petition is filed for issuance of a Writ of Mandamus directing the third respondent to transfer the patta in the name of the petitioner in respect of S.F.No.217/1, which an extent of 1 acre 441⁄2 cents, situated at Mattaparai Village, Nilakottai Taluk, Dindigul District, by considering the petitioner's representation dated 21.07.2017.
2.Mr.C.Selvaraj, learned Special Government Pleader takes notice for the respondents. By consent, this writ petition is taken up for final disposal at the admission stage itself. https://hcservices.ecourts.gov.in/hcservices/ 3.According to the petitioner, he is the absolute owner of the property in S.F.No.217/1 by virtue of a sale deed, dated
16.03.2012 and his right is also confirmed by the Lok Adalat Award in O.S.No.183 of 2014 dated 11.02.2017 and he is in possession and enjoyment of the property since 2012.
4.The petitioner would state that he applied for transfer of patta in his name on 21.03.2017 and subsequently on 21.07.2017, he sent a representation to the respondents. Since no action was taken, the present writ petition.
5.Considering the limited scope of the prayer sought for by the petitioner, this Court, without going into the merits of the matter, directs the third respondent to consider the representation of the petitioner dated 21.07.2017 and pass appropriate orders on merits and in accordance with law, after providing opportunity to all necessary parties, within a period of twelve weeks from the date of receipt of a copy of this order. 6.With the above direction, this Writ Petition stands disposed of. No costs.
Sd/- Assistant Registrar(AE) /True Copy/ Sub Assistant Registrar To 1.The District Collector, Dindigul District,Dindigul.
2.The District Land Surveyor, District Land Survey Office, Dindigul.
3.The Tahsildar, Nilakottai Taluk, Dindigul District.
+1cc to M/S.B.BABU, Advocate SR.No.78875 +1cc to Special Government Pleader, SR.No. 78812 skn MAS/JC/SAR1:27.09.2017:2P-6C W.P.(MD)No.17171 of 2017 12.09.2017 https://hcservices.ecourts.gov.in/hcservices/