D.Rajendran, v. The District Collector,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 07.03.2018
CORAM
THE HONOURABLE MR.JUSTICE K.RAVICHANDRABAABU Writ Petition No.10474 of 2016 and W.M.P.No.9203 of 2016
1. D.Rajendran
2. D.Loganathan Sons of R.Duraikannu, residing at 192, Periyar Nagar Amman Koil Street, Tiruttani, Tiruvellore District, represented by their power of Attorney agent C.Hanumanth Rao, S/o Chinnamunuswamy, 82/A, Thirumalai Nagar Extension, 1st Cross Street, Kolathur, Madras-99 .... Petitioners Vs.
1. The District Collector, Thiruvellore.
2. The Revenue Divisional Officer, Tiruttani.
3. The Tahsildar, Tiruttani.
4. The Sub-Registrar, Tiruttani.
5. V.Seshan
6. Ganesan
7. K.S.Girija
...Respondents
Prayer:Writ petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus to direct the 1st respondent to hold an enquiry on the complaint lodged by the petitioners with the 2nd respondent on 14.01.2016 pertaining to the deletion of the names of the petitioners from patta No.778, corresponding to S.No.769/1, Karthikeyapuram Village, Tiruttani Taluk, Tiruvellore District.
For Petitioners :
Mr.V.Raghavachari For Respondents : Mr.R.Govindasamy, Special Government Pleader for R1 to R4 Mr.V.Venkaakrishnan for R5 to R7
O R D E R
The petitioners seek for a mandamus directing the first respondent to hold enquiry on the complaint filed by them with the 2nd respondent on 14.01.2016, wherein and whereby, they sought for grant of separate patta in their name in respect of the subject matter property referred to in patta No.778.
2. The grievance of the petitioners is that the deletion of their names from the said patta was erroneous.
3. This Court, at this stage, is not expressing any view on the merits of the claim made by the petitioners as it is for the concerned official namely, the 3rd respondent is to consider and decide. Since the petitioners have made representation to the 1st and 2nd respondents, such representation has to be forwarded to the 3rd respondent for considering the same on merits. Therefore, without expressing any view on the merits of the claim made by the petitioners, this writ petition is disposed of as follows:
(a) The 1st and 2nd respondents shall forward the representation of the petitioner dated 14.01.2016 to the 3rd respondent within a period of four weeks from the date of receipt of a copy of this order.
(b) On receipt of the said representation/complaint forwarded by the 1st and 2nd respondents, the 3rd respondent will consider the same and pass orders on merits and in accordance with law after giving due opportunity of hearing to the petitioners, 5th to 7th respondents and other interested parties, if any. Such exercise shall done by the 3rd respondent within a period of twelve weeks from the date of receipt of such representation as stated supra.
No costs. Consequently, connected miscellaneous petition is closed.
Sd/- Asst.Registrar (CS IX ) /true copy/ Sub Asst. Registrar vsi
To
1. The District Collector, Thiruvellore.
2. The Revenue Divisional Officer, Tiruttani.
3. The Tahsildar, Tiruttani.
4. The Sub-Registrar, Tiruttani.
+ 1 cc to Mr.V.Raghavachari Advocate,SR.17918 + 1 cc to Mr.V.Venkaakrishnan Advocate,SR.17370 + 1 cc to The Govt.Pleader, SR.17782 W.P.No.10474 of 2016 VGII(CO) NR 26/03/2018