R.Vetri v. The Special Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.03.2018

CORAM

THE HONOURABLE MR.JUSTICE K.RAVICHANDRABAABU Writ Petition No.6107 of 2018 and W.M.P.No.7528 of 2018

1. R.Vetri

2. N.Sivaraman Both are represented by their Power of Attorney Mr.K.M.Syed Khalifa, A.R.Towers, Block-C, 3rd floor, Prakasam Salai, Chennai - 600 001 .... Petitioners Vs.

1. The Special Commissioner, Commissioner of Land Administration, Chepauk, Chennai - 600 005.

2. The Collector, Chennai District, Rajaji salai, Chennai - 600 001.

3. The Tahsildar, Ayanavaram, Chennai - 600 023.

4. The Commissioner, Corporation of Chennai, Ribbon Buildings, Chennai - 600 003.

...Respondent

Prayer: Writ petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus to direct the 3rd respondent to consider the representation dated 18.12.2017 given by the petitioners to issue patta n the name of the petitioners property in S.No.138/2B, Kolathur Villge, Perambur-Purasawalkam Taluk, Chennai District admeasuring an extent of 105 Acres.

For Petitioner : Mr.T.Thiageswaran for M/s.Waraon and Sai Rams For Respondents : Mr.R.Govindasamy, Special Government Pleader

O R D E R

Mr.R.Govindasamy, learned Special Government Pleader takes notice for the respondent. By consent of the parties, the main writ petition is taken up for final disposal at the admission stage itself.

2. Heard both sides.

3. The petitioner seeks for a Mandamus to direct the 3rd respondent to consider the representation dated 18.12.2017, wherein and whereby, he has sought for issuance of patta in his name in respect of the property in S.No.138/2B, Kolathur Village, Perambur-Purasawalkam Taluk, Chennai District admeasuring an extent of 105 Acres.

4. The grievance of the petitioner is that the said representation has not been considered so far. 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 3rd respondent to consider and decide the same on merits and in accordance with law. Accordingly, this writ petition is disposed of by directing the 3rd respondent to consider the representation of the petitioner dated 18.12.2017 and pass orders on the same on merits and in accordance with law, after hearing the petitioner and the rival claimants, if any. Such exercise shall be done by the 3rd respondent within a period of twelve weeks from the date of receipt of a copy of this order. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS-IV) //True Copy// Sub Assistant Registrar vsi

To

1. The Special Commissioner, Commissioner of Land Administration, Chepauk, Chennai - 600 005.

2. The Collector, Chennai District, Rajaji salai, Chennai - 600 001.

3. The Tahsildar, Ayanavaram, Chennai - 600 023.

4. The Commissioner, Corporation of Chennai, Ribbon Buildings, Chennai - 600 003.

+1cc to Mr.WARAON & SAIRAMS, Advocate, S.R.No. 20398 +1cc to the Government Pleader, S.R.No. 20941 W.P.No.6107 of 2018 KS(CO) TR(28/03/2018)