K.Dhamodharan, Plot No.240 v. The Collector, Kancheepuram

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.08.2021

CORAM

THE HON'BLE Mr. JUSTICE G.K.ILANTHIRAIYAN WP.No.11764 of 2011 and MP.No.2 of 2011 K.Dhamodharan

...Petitioner

Vs 1.The Collector, Kancheepuram District, Kancheepuram 2.The Thasildar, Sriperumbudur 3.The Deputy Zonal Thasildhar, Sriperumbudur 4.Malarkodi Harikrishnan

...Respondents

Prayer :- Writ Petition is filed under Article 226 of the Constitution of India praying to issue a writ of certiorarified mandamus calling for the records culminated in grant of patta No.1237 by the third respondent acting in the capacity of 2nd respondent in favour of the 4th respondent and to cancel the same and consequently directing the 2nd respondent to issue a fresh patta in favour of the petitioner in respect of the schedule mentioned property.

For Petitioner : Mr.D.Ferdinand For Respondents For R1 to 3 : Mr.Richardson Wilson, Government Advocate For R4 : Mr.P.Sivamani

ORDER

This Writ Petition is filed to issue a writ of certiorarified mandamus calling for the records culminated in grant of patta No.1237 by the third respondent acting in the capacity of 2nd respondent in favour of the 4th respondent and to cancel the same and consequently directing the 2nd respondent to issue a fresh patta in favour of the petitioner in respect of the schedule mentioned property.

2. The learned counsel for the petitioner would submit that while pending the writ petition, the petitioner and his brother were issued patta by the second respondent in respect of the property owned by them comprised in survey No.15 after subdivision into survey Nos.15/74 and 15/75. The second respondent issued patta in patta No.5043 and 5044 respectively to the petitioner and his brother. The learned counsel for the petitioner restricted his relief to the extent that the second respondent in accordance with law issued patta in favour of the petitioner, entries to be made in the revenue records.

3. Considering the limited prayer, the petitioner is directed to submit his representation in pursuant to the patta issued in his favour in patta No.5043 for the property comprised in survey No.15/74 and on receipt of the same, the second respondent is directed to pass orders after giving opportunity of hearing to the fourth respondent to make effective entries in the revenue records as per the patta issued in favour of the petitioner and his brother, within a period of twelve weeks thereafter.

4. With the above direction, this writ petition is disposed of. Consequently, connected miscellaneous petition is closed. No order as to costs.

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

1. The Collector, Kancheepuram District, Kancheepuram

2. The Thasildar, Sriperumbudur

3. The Deputy Zonal Thasildhar, Sriperumbudur.

+1 cc to Mr.P.Sivamani,Advocate Sr.No.37895 +1 cc to the Government Pleader, Advocate Sr.No.38093 WP.No.11764 of 2011 PCH[co] NSK 31/08/2021