K.Chellammal,W/O.M.K.Subbaiah, v. The District Collector,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.09.2016

CORAM:

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN W.P.(MD)No.17028 of 2016 K.Chellammal ... Petitioner Vs.

1. The District Collector, O/o. The District Collector,

2. The Revenue Divisional Officer, O/o. The Revenue Divisional Office,

3. The Tahsildar, O/o. The Tahsildar Office,

4. The Village Administrative Officer, O/o. The Village Administrative Office, Muduivaithanenthal Village, ... 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 consider the petitioner's application, dated 13.04.2015, as forwarded by the Sub Collector, Tuticorin in his procedings in O.Mu.(A1)/4377/2015, dated 10.10.2015, seeking for modification entry in the Patta pass book and dispose the same on merits and in accordance with law, within the period that may be stipulated by this Court.

For Petitioner : Mr.H.Mohammed Imran For Respondents : Mr.R.Anandharaj Government Advocate

O R D E R

The writ petition has been filed seeking a direction to the third respondent to consider the petitioner's application, dated 13.04.2015, for modification of entries in the Patta Pass Book.

2. According to the petitioner, one Pechiayammal is the original owner of the property in S.No.484/2F situated at Siva Nagar, Mudivaithanendhal Village, Tuticorin Taluk and District. Patta also stands in her name. Subsequent to the death of Pechiayammal, one of the legal heirs filed an application for transfer of Patta. Thereafter, Patta has been transferred in her name, leaving the other legal-heirs. In the circumstances, the petitioner has filed an application, dated 13.04.2015, seeking modification and transfer of Patta in his name. However, till date the same has not been considered.

3. Heard the learned counsel for the petitioner and the learned Government Advocate for the respondents.

4. Since the petitioner's application is pending from 13.04.2015, it is suffice to direct the third respondent to consider the petitioner's application. Accordingly, the third respondent is directed to consider the petitioner's application, dated 13.04.2015 and pass orders on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order, after giving notice to the parties concerned.

5. With the above direction, the writ petition stands disposed of. No costs.

Sd/ Assistant Registrar (P&A) /True Copy/ Sub Assistant Registrar To

1. The District Collector, O/o. The District Collector,

2. The Revenue Divisional Officer, O/o. The Revenue Divisional Office, Thoothukudi, Thoothukudi District.

3. The Tahsildar, O/o. The Tahsildar Office,

4. The Village Administrative Officer, O/o. The Village Administrative Office, Muduivaithanenthal Village, +1 cc to M/S.AJMAL ASSOCIATES, Advocate SR.No.51308 +1 cc to Government Pleader SR.No.51511 W.P.(MD)No.17028 of 2016 08.09.2016 SMA/DB/21/09/2016 :3P/7C