← Library
Madras High CourtWP/2864/2022disposed of

S.Karthikeyan v. The District Collector

2022-02-18Honourable Mr Justice M.Dhandapani3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.02.2022

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.NO.2864 OF 2022 S.Karthikeyan ... Petitioner Vs.

1. The District Collector, Vellore District, Vellore.

2. The Revenue Divisional Officer, Vellore District, Vellore.

3. The Tahsildar, Tahsildar Office, Anaicut Taluk, Vellore District.

4. Mahadevan

5. Ravichandran

6. D.Murugesan

7. Vasantha ... Respondents Prayer:

Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, to direct the 2nd respondent to consider the representation of petitioner dated 17.04.2013 and 01.10.2019 on the strength of the communication send by the 1st respondent in his letter O.Mu.D3/20657/2019 dated 11.10.2019 by cancelling the wrongly issued patta in old Survey No.199/B, now New survey No.199/B19, Anaicut Village, Anaicut Taluk, Vellore District and issue patta in petitioner's name.

For Petitioner :

Mr.A.K.R.Ravi For Respondents :

Mr.A.Anandan Government Advocate

O R D E R

This Writ Petition has been filed seeking for issuance of a Writ of Mandamus, to direct the 2nd respondent to consider the representation of petitioner dated 17.04.2013 and 01.10.2019 on the strength of the communication send by the 1st respondent in his letter O.Mu.D3/20657/2019 dated 11.10.2019 by cancelling the wrongly issued patta in old Survey No.199/B, now New survey No.199/B19, Anaicut Village, Anaicut Taluk, Vellore District and issue patta in petitioner's name.

2. The case of the petitioner is that the petitioner is the owner of the property. In the year 2004, the revenue authorities have issued Patta to the petitioner with respect of old Survey No.199/B, now new Survey No.199/B19 in favour of some third persons who are neither in possession nor hold any title to the said property. Thereafter, on 17.04.2013, the petitioner has made a detailed representation to the 2nd respondent herein to cancel the Patta issued in favour of four other persons and also to grant Patta in petitioner's name and 17.05.2013, the 1st respondent-District Collector, Vellore forwarded the Petitioner's representation to the Revenue Divisional Officer and directed the 2nd respondent to take necessary action. Further, the petitioner gave another detailed representation dated 01.10.2019 before the 2nd respondent. However, till date, no order has been passed. Hence, the petitioner has filed the present Writ Petition.

3. Though very many grounds have been raised, learned counsel for the petitioner submits that it would suffice if this Court issues direction to the 2nd respondent to consider the petitioner's representations dated 17.04.2013 and 01.10.2019 and pass orders on the same within a particular time that may be fixed by this Court.

4. The learned Government Advocate has no objection to the said order being passed.

5. In view of the aforesaid submissions, this Court without expressing any opinion on the merits of the case directs the 2nd respondent to consider the petitioner's representations dated 17.04.2013 and 01.10.2019 and pass appropriate orders on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order after providing opportunity of hearing to the aggrieved person, if any.

6. With the above direction, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar(CS-IX) //True Copy// Sub Assistant Registrar jd/nhs To

1. The District Collector, Vellore District, Vellore.

2. The Revenue Divisional Officer, Vellore District, Vellore.

3. The Tahsildar, Tahsildar Office, Anaicut Taluk, Vellore District.

+1cc to Mr.A.K.R.Ravi, Advocate, S.R.No.10511 +1cc to the Government Pleader, High Court, Madras, S.R.No.11515 W.P.No.2864 of 2022 AK-II(CO) RLP(18/03/2022)