IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 18.01.2017 CORAM:
THE HONOURABLE MR. JUSTICE D. KRISHNAKUMAR
W.P. No. 23829 of 2013
A.Jayaraj .. Petitioner Vs.
1. The District Collector, Vellore District.
2. The Tashildar Arakonam, Vellore District. .. Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus to direct the respondents to transfer patta in the name of the petitioner based on the representation dated 29.05.2013.
For Petitioner : M/s.R.Poornima For Respondents : Mr.S.Diwakar, Spl.G.P.
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O R D E R
The petitioner has filed this Writ Petition praying to direct the respondents to transfer patta in the name of the petitioner based on his representation dated 29.05.2013.
2. According to the learned counsel for the petitioner, the property in survey no.933/4, 935/1 measuring an extent of 1.06 and 0.38 cents in Allapakkam Village, Pallur Mathura, Arakkonam District, was originally belonged to one Chengalrayan. The petitioner's father purchased the said property on 14.08.1978, for a valid consideration under document No.1614/1978. The petitioner and his family members were in possession of the said property till the death of his father on 09.07.1991, who left behind the following members as his legal heirs Muniammal (wife), Jayaraj (son/petitioner), Dhashina (son), Gopal (son), Arumugam (son) and Annammal (daughter). The petitioner came to know that the patta stood in the name of legal heir of Chengalrayan (previous owner of the said property). On 29.05.2013 at the time of Jama Banthi, the petitioner has submitted a representation seeking for transfer of name in the patta, but no order has been passed. Hence, the petitioner has filed this Writ Petition.
3. The learned Special Government Pleader has submitted that if the said application is pending, the second respondent will consider the representation within a reasonable time that may be fixed by this Court.
4. In view of the submission of the counsel for both sides, this Court is inclined to direct the second respondent to consider petitioner's representation dated 29.05.2013, on merits and in accordance with law as expeditiously as possible, preferably within three months from the date of production of a copy of the said representation. The petitioner is directed to appear before the second respondent with the copy of the said representation along with the copy of this order, within a period of one week from the date of receipt of a copy of this order.
With the above observation, the Writ Petition is disposed of. No Costs.
18.01.2017 Index: Yes/ No Internet:Yes/No pvs To
1. The District Collector, Vellore District.
2. The Tashildar Arakonam, Vellore District.
D. KRISHNAKUMAR J.
pvs
W.P. No. 23829 of 2013
18.01.2017 http://www.judis.nic.in