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Madras High CourtWP(MD)/15967/2019disposed of

M.Manimegali v. The District Collector

2019-07-18Honourable Mr Justice R. Suresh Kumar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.07.2019

CORAM

THE HON'BLE MR.JUSTICE R.SURESH KUMAR W.P.(MD)No.15967 of 2019 M.Manimegalai

...Petitioner

-Vs1.The District Collector, Sivagangai District, Sivagangai.

2.The Revenue Divisional Officer, Devakottai, Sivagangai District.

3.The Tahsildar, Tahsildar Office, Singampunari Taluk, Sivagangai District.

...Respondents

Prayer: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, to direct the respondents to cancel the illegally name transferred Pattas' Nos.1678, 1679, 1682, 1683 and 1699 consequently take necessary action against the concerned authorities for causing issuance of illegally name transferred pattas' and issue the patta in the name of the petitioner on the basis of the petitioner's representation dated 12.06.2019.

For Petitioner : Mr.A.Mu.Sharavanan For Respondents : Mr.V.Anand Government Advocate

ORDER

The prayer in this writ petition is for a Writ of Mandamus, to direct the respondents to cancel the illegally name transferred Pattas' Nos.1678, 1679, 1682, 1683 and 1699, consequently, take necessary action against the concerned authorities for causing issuance of illegally name transferred pattas' and issue the patta in the name of the petitioner on the basis of the petitioner's representation, dated 12.06.2019.

2.Heard Mr.A.Mu.Sharavanan, learned counsel appearing for the petitioner and Mr.V.Anand, learned Government Advocate appearing for the respondents.

3.With the consent of both sides, this writ petition is being disposed of at the admissions stage itself.

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4.The petitioner, in order to cancel the patta, where name has been transferred, in Patta Nos.1678, 1679, 1682, 1683 and 1699, has given a representation to the second respondent on 12.06.2019 and therefore, the learned counsel appearing for the petitioner submitted that if the said representation is directed to be decided by the second respondent within the time frame on merits, the petitioner would be satisfied.

5.Heard Mr.V.Anand, learned Government Advocate appearing for the respondents, who would submit that, the said representation of the petitioner would be decided on merits and order would be passed within the time frame, after hearing the petitioner as well as the rival claimants also.

6.Having regard to the said submission made by both sides, this Court is inclined to dispose of this writ petition with the following directions:- "that the second respondent is hereby directed to consider the representation of the petitioner, dated 12.06.2019 and pass order thereon on merits and in accordance with law, after hearing the petitioner as well as the rival claimants and such final order shall be passed, within a period of eight weeks from the date of receipt of a copy of this order. "

No costs.

Sd/- Assistant Registrar (CS-II) // True Copy // Sub Assistant Registrar(CS) To 1.The District Collector, Sivagangai District, Sivagangai.

2.The Revenue Divisional Officer, Devakottai, Sivagangai District.

3.The Tahsildar, Tahsildar Office, Singampunari Taluk, Sivagangai District.

+1 CC to SPL GP SR-76319.

Order made in W.P.(MD)No.15967 of 2019 18.07.2019 CS(09.09.2019) 2P 5C https://hcservices.ecourts.gov.in/hcservices/