Madras High Court
A.Velusamy vs The District Collector on 28 February, 2022
W.P.No.4015 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 28.02.2022
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI
W.P.No.4015 of 2022
A.Velusamy ... Petitioner
Vs.
1.The District Collector,
District Collector Office,
Namakkal-637 003.
2.The Revenue Divisional Officer,
RDO Office, Mohanoor Road,
Namakkal District-637 001.
3.The Tahsildar,
Mohanoor Road,
Namakkal Taluk & District-637 001. ... Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India to
issue a Writ of Mandamus directing the 3rd respondent to issue transfer
patta to the name of the writ petitioner and other plaintiffs and defendants 5
to 7 in the Civil suit in O.S.No.453 of 2009 as per judgment and decree
dated 04.09.2014 passed by Principal District Munsif Judge, Namkkal and
subsequent to the order and decreetal order passed in the execution petition
No.REP.39/2017 dated 30.09.2020 on the file of the Additional District
Munsif (FAC), Namakkal in respect of land situated in Naruvaloor
1
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W.P.No.4015 of 2022
Agragaram Village, in S.No.91/2, admeasuring (1-89-5 hectare) 4.68 acre
situated within the Sub Registration District of Velagoundanpatti and
Registration District of Namakkal.
For petitioner : Mr.K.Kalimuthu
For Respondents : Mr.G.Nanmaran
Special Government Pleader
ORDER
The petitioner has filed this petition to direct the 3rd respondent to
issue transfer patta to the name of the writ petitioner and other plaintiffs and
defendants 5 to 7 in the Civil suit in O.S.No.453 of 2009 as per judgment
and decree dated 04.09.2014 passed by Principal District Munsif Judge,
Namkkal and subsequent to the order and decreetal order passed in the
execution petition No.REP.39/2017 dated 30.09.2020 on the file of the
Additional District Munsif (FAC), Namakkal in respect of land situated in
Naruvaloor Agragaram Village, in S.No.91/2, admeasuring (1-89-5 hectare)
4.68 acre situated within the Sub Registration District of Velagoundanpatti
and Registration District of Namakkal.
2. Mr.G.Nanmaran, learned Special Government Pleader takes
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W.P.No.4015 of 2022
notice for the respondents. In view of the limited relief sought for in this
petition and on the consent expressed by the learned counsel appearing on
either side, this petition is taken up for final disposal.
3. The case of the petitioner is that petitioner is the owner of the
property comprised in S.No.91/2, admeasuring 4.68 acres situated at
Naruvaloor Agragaram Village, Namakkal District. However, at the time of
implementation of the UDR Scheme, the third respondent classified the
above said property as "Kallankuthu", without giving any notice to the
petitioner. Thereafter, petitioner filed a suit in O.S.No.453 of 2009 on the
file of the Principle District Munsif, Namakkal, seeking declaration of the
said property belongs to him and other co-sharers and to issue Patta in the
name of the petitioner, and the said suit had decreed on 04.09.2014 in
favour of the petitioner. Thereafter, petitioner made a representation dated
03.01.2022 to respondents to issue transfer patta in in his name. However,
till date no action has been taken by the respondents on the representation
made by the petitioner. Hence, the present Writ Petition has been filed by
the petitioner for the above relief.
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W.P.No.4015 of 2022
4. Though very many grounds have been raised, learned counsel for
the petitioner submits that it would suffice if this Court directs the
respondents to consider the petitioner's representation dated 03.01.2022 in
the light of the decree passed in O.S.No.453 of 2009 within the time frame
that may be fixed by this Court.
5. The learned Special Government Pleader appearing for the
respondents submits that the petitioner's representation dated 03.01.2022
will be considered by the respondents within the time frame that may be
fixed by this Court.
6. In view of the aforesaid submissions, this Court without
expressing any opinion on the merits of the case, directs the respondents to
consider the petitioner's representation dated 03.01.2022, and pass
appropriate orders within a period of twelve weeks from the date of receipt
of a copy of this order, after affording an opportunity to aggrieved persons.
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W.P.No.4015 of 2022
7. Accordingly, this writ petition is disposed of with the aforesaid
direction. No costs.
28.02.2022
Index : Yes / No
Internet : Yes / No
Speaking Order/Non-Speaking Order
tri/anu
To
1.The District Collector,
District Collector Office,
Namakkal-637003.
2.The Revenue Divisional Officer,
RDO Office, Mohanoor Road,
Namakkal District-637001.
3.The Tahsildar,
Mohanoor Road,
Namakkal Taluk & District-637001.
https://www.mhc.tn.gov.in/judis
W.P.No.4015 of 2022
M.DHANDAPANI,J.
tri/anu
W.P.No.4015 of 2022
28.02.2022
https://www.mhc.tn.gov.in/judis
