R.Mathivanan, v. The State Rep. By

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED 22.09.2017

CORAM

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM W.P(MD)No.18004 of 2017 R.Mathivanan ... Petitioner .vs.

1. The State, represented by The District Collector, Trichirappalli.

2. The Tahsildar, Musiri Taluk, Trichirappalli.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the second respondent to consider the representation of the Petitioner dated 12.6.2017 and to direct the respondents to transfer the patta relating to the property comprised in S.F.No.52/4A1, 52/4A3, 52/3B1, 52/2C2 and 52/3B2 at Musiri Village,Trichy District in the name of the Petitioner and that of his brother.

For Petitioner : Mr.V.Singan For Respondents : Mr.C.Selvaraj Special Govt.Pleader

ORDER

The Petitioner seeks for a direction to the second respondent to consider the representation of the Petitioner, dated 12.6.2017 and to direct the respondents to transfer the patta relating to the property comprised in S.F.No.52/4A1, 52/4A3, 52/3B1, 52/2C2 and 52/3B2 at Musiri Village, Trichy District in the name of the Petitioner and that of his brother.

2.Mr.C.Selvaraj, learned Special Government Pleader takes notice for the respondents 3.By consent of both parties, the main Writ Petition is taken up for disposal, at the admission stage itself. https://hcservices.ecourts.gov.in/hcservices/ 4.The case of the Petitioner is that the S.F.Nos.52/4A, 52/3,52/2 corresponding to New S.Nos.52/4A1, 52/4A3, 52/3B1,

52/2C2 and 52/3B2 is an ancestral property of the Petitioner. The patta was issued in the name of the Petitioner's father. After his demise, the Petitioner and his brother inherited the property. The Petitioner would state that they approached the respondents for transfer of patta and submitted a representation on 12.6.2017. Since no action was taken, the present Writ Petition is filed for the relief stated supra.

5.Considering the submission made by the learned counsel for the Petitioner, without going into the merits of the case, this Court directs the second respondent to consider the representation of the Petitioner, dated 12.06.2017 on merits and in accordance with law and pass orders on the same, after giving notice to the Petitioner and other interested parties, if any, as expeditiously as possible, preferably within a period of twelve weeks from the date of receipt of a copy of this order 6.With the above direction, the Writ Petition stands disposed of. No costs.

Sd/- Assistant Registrar (Writs) /True copy/ Sub Assistant Registrar To

1. The District Collector, Trichirappalli.

2. The Tahsildar, Musiri Taluk, Trichirappalli.

+ 1 CC TO MR.V.Singan, ADVOCATE IN SR No.80566 + 1 CC TO SPECIAL GOVERNMENT PLEADER IN SR No.81173 vsn MK/SKN RSK/SAR-2/10.10.2017/2P/5C W.P(MD)No.18004 of 2017 22.09.2017 https://hcservices.ecourts.gov.in/hcservices/