Madras High CourtWP/4002/2018disposed of

A.Ramamoorthy, v. The District Collector,

2018-02-22Honourable Mr Justice K. Ravichandrabaabu3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.02.2018

CORAM

THE HONOURABLE MR.JUSTICE K.RAVICHANDRABAABU W.P.No.4002 of 2018 A.Ramamoorthy Son of Adhikesavalu Naidu .. Petitioner Vs.

1.The District Collector 2.The Sub Collector Chengalpet, 3.The Tahsildar 4.The Village Administration Officer No.42, Kizhur Village ... Respondents Writ petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the third respondent to consider the petitioner's representation dated 25.11.2015 and 04.01.2018 and remove the unknown person named Mrs.Pushpavathi Ammal wife of Balarama Naidu as Pattadhar vide Patta No.151 and to reissue fresh Patta in the name of the petitioner.

For Petitioner : Mr.S.Sathiyanarayanan For Respondents : Mr.D.Suriyanarayanan Additional Government Pleader

O R D E R

Mr.D.Suriyanarayanan, learned Additional Government Pleader takes notice for the respondents. By consent of the parties, this writ petition is taken up for final disposal at the admission stage itself.

2. The petitioner seeks for a mandamus directing the third respondent to consider his representation dated 25.11.2015, followed by another representation dated 04.01.2018, wherein and whereby, he sought for removal of the name of one Pushpavathi Ammal, Wife of Balarama Naidu, shown in the Patta No.151 and to re-issue fresh Patta in the name of the petitioner.

3. According to the petitioner, he is the owner of the property and in possession and enjoyment of the same all along. Therefore, it is contended by the petitioner that referring such person's name in the Patta in respect of the very same property by mistake, has to be corrected.

4. This Court, at this stage, is not expressing any view on the merits of the claim made by the petitioner, as it is for the third respondent to consider and decide the same on merits and in accordance with law. Accordingly, this writ petition is disposed of, only by directing the third respondent to consider the representations of the petitioner dated 25.11.2015 and 04.01.2018 and pass orders on the same on merits and in accordance with law, after hearing the petitioner as well as the said Pushpavathi Ammal, rival claimants and other interested parties, if any. Such exercise shall be done by the third respondent within a period of twelve weeks from the date of receipt of a copy of this order. No costs.

Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar mk To 1.The District Collector 2.The Sub Collector Chengalpet, 3.The Tahsildar

4.The Village Administration Officer No.42, Kizhur Village +1cc to Mr.S.Sathiyanarayanan, Advocate, S.R.No.13491 +1cc to the Government Pleader, S.R.No.14074 W.P.No.4002 of 2018 RRK(09/03/2018)