Vinodkumar Raju v. The Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.07.2021 CORAM :

THE HON'BLE MR.SANJIB BANERJEE, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY W.P.NO.13567 OF 2021 1 Vinodkumar Raju 2 M.Govindhan 3 S.Ranjith Singh 4 Vijayakumar Palayam 5 S.Stephen ... Petitioners Vs 1 The Collector, Office of Collectarate Singaravelan Malagai Rajaji Salai, Chennai 600 001.

2 The Revenue Divisional Officer Guindy, Chennai 600032.

3 The Tasildar, No.1, Rajiv Gandhi Salai, 1st Cross Street Sholinganallur, Chennai 600119.

4 The Chairman, Chennai Metropolitan Water Supply and Sewerage Board No.1, Pumping Station Road, Chintadripet, Chennai 600002.

5 Mr.H.A.Easwara ... Respondents Prayer:

Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus directing the 2nd respondent to consider the representation dated 14/10/2020 and hold enquiry and cancel the patta issued in favour of the 5th respondent for the Government Land.

For Petitioners :

Mr.Chandrasekaran For Respondents :

Mr.P.Muthukumar, Counsel for State, for respondents 1 to 3 Mr.P.T.Perumal, for fifth respondent

ORDER

(Made by SENTHILKUMAR RAMAMOORTHY, J.) The petitioners are aggrieved by the grant of a patta to the fifth respondent in respect of lands in S.Nos.8/2 and 9/8 at M.G.R Salai, Palavakkam Village, Sholinganallur Taluk, Kancheepuram District.

2. The petitioners assert that the patta was granted to the fifth respondent although the lands in question are classified as government lands in the relevant revenue records. Consequently, the petitioners state that a representation was carried to the second respondent on October 14, 2020 to take appropriate action to cancel such patta. In spite of such representation, no action has been taken and therefore, the present writ petition is filed.

3. Mr.Muthukumar, learned Government counsel for the State accepts notice on behalf of respondents 1 to 3 and Mr.P.T.Perumal accepts notice on behalf of the fifth respondent. Mr.Perumal further states that he has no objection to the representation being considered and disposed of by the second respondent after providing a reasonable opportunity to the fifth respondent.

4. Accordingly, without going into the merits of the matter, the second respondent is directed to consider the representation dated October 14, 2020 of the petitioners and dispose of the same by a speaking order after providing a reasonable opportunity both to the petitioners and to the fifth respondent. Such reasoned order shall be passed within a period of eight weeks from the date of receipt of a copy of this order. W.P.No.13567 of 2021 is disposed of. There will be no order as to costs. W.M.P.No.14434 of 2021 is closed.

Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar tar

To:

1 The Collector Office of Collectarate Singaravelan Malagai Rajaji Salai Chennai 600 001.

2 The Revenue Divisional Officer Guindy Chennai 600032.

3 The Tasildar No.1 Rajiv Gandhi Salai 1st Cross Street Sholinganallur Chennai 600119.

4 The Chairman Chennai Metropolitan Water Supply and Sewerage Board No.1 Pumping Station Road Chintadripet Chennai 600002.

+1cc to Mr.S.Ashik Ahamed, Advocate, S.R.No.30758 +1cc to the Government Pleader, S.R.No.30836 W.P.No.13567 of 2021 GSM(CO) CS/06/07/2021