Madras High CourtWP/1295/2024disposed of

E.Sekar v. The District Collector

2024-01-22Honourable Mr Justice P. Velmurugan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.01.2024

CORAM

THE HONOURABLE MR.JUSTICE P.VELMURUGAN E.Sekar ... Petitioner versus 1.The District Collector, O/o. District Collectorate, GST Road, Chengalpattu - 603 001.

2.The Revenue Divisional Officer, O/o.The Revenue Divisional Officer, Chengalpattu - 603 001.

3.The Tahsildar, Chengalpattu Taluk, Chengalpattu - 603 001.

4.The Village Administrative Officer, Alapakkam Village, Chengalpattu, Tamil Nadu - 603 001.

... Respondents Writ Petition filed under Article 226 of Constitution of India, praying to issue a Writ of Mandamus, directing the second respondent to dispose the enquiry initiated in Na.Ka.No.330/2020/A1, dated 25.01.2023 in a time bound manner as fixed by this Court and direct the respondents to change Pg.Nos.1/6

the petitioner's father name as ''Ekambaram Thambirar'' instead of P.Prakasam in online Patta in Patta No.346.

For Petitioner :

Mr.D.Saravanan For Respondents :

Mr.R.Vigneshwaran Government Advocate for R1 to R3

O R D E R

Mr.R.Vigneshwaran, learned Government Advocate accepts notice for respondents. With the consent of both the parties, this Writ Petition is taken up for final disposal at the admission stage itself.

2. This writ petition has been filed seeking for issuance of a writ of mandamus, directing the second respondent to dispose of the enquiry initiated in Na.Ka.No.330/2020/A1, dated 25.01.2023, in a time bound manner and also direct the respondents to change the petitioner's father name as ''Ekambaram Thambirar'' instead of P.Prakasam in online Patta in Patta No.346.

3. The learned counsel for the petitioner submitted that since the petitioner's father name was wrongly entered in the online Patta, the petitioner gave a representation dated 21.11.2011 to the second Pg.Nos.2/6

respondent/Tahsildar requesting him to make necessary changes in the online Patta in Patta No.346. While so, the Village Administrative Officer and Revenue Inspector conducted enquiry and submitted reports to the second respondent recommending him to make necessary changes in the said online patta, but no orders were passed by the second respondent. Thereafter, the petitioner once again made a representation dated 09.10.2018 to the second respondent. Pursuance to the said representation, again the Village Administrative Officer and Revenue Inspector conducted enquiry and submitted reports to the second respondent recommending him to make necessary changes in the said online Patta. While so, the second respondent issued summons vide Na.Ka.No.330/2020/A1, dated 25.01.2023 called upon the petitioner for enquiry on 31.01.

2023 and the petitioner also appeared before the second respondent and attended enquiry along with necessary documents. However, no final order has been passed by the second respondent till date. Since the petitioner has been made to run pillar to post from the year 2011 in order to make necessary corrections in the online Patta, he is constrained to file the present writ petition. 4.Heard both sides and perused the materials available on record. Pg.Nos.

5. Having regard to the submissions made by the learned counsel on either side, this Court, at this stage, is not expressing any view on the merits of the matter, as it is for the second respondent to consider and decide the same on merits and in accordance with law. Since this Writ Petition is only for a mandamus to consider the representation, this Court directs the second respondent to consider the representation of the petitioner dated 09.10.2018 and pass appropriate orders on merits and in accordance with law, within a period of three months from the date of receipt of a copy of this order, after giving due opportunity of hearing to the petitioner as well as the rival claimants / interested parties if any, if no orders is passed till date.

6. With the above directions, the writ petition is disposed of. There shall be no order as to costs.

22.01.2024 Index: Yes/No Speaking Order : Yes / No ms Pg.Nos.4/6

To 1.The District Collector, O/o. District Collectorate, GST Road, Chengalpattu - 603 001.

2.The Revenue Divisional Officer, O/o.The Revenue Divisional Officer, Chengalpattu - 603 001.

3.The Tahsildar, Chengalpattu Taluk, Chengalpattu - 603 001.

4.The Village Administrative Officer, Alapakkam Village, Chengalpattu, Tamil Nadu - 603 001.

Pg.Nos.5/6

P.VELMURUGAN, J.

ms 22.01.2024 Pg.Nos.6/6