K.Somasundaram v. The Secretary To Govt
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 22.01.2019
CORAM
THE HONOURABLE Mrs. JUSTICE PUSHPA SATHYANARAYANA W.P.No.1238 of 2019 and W.M.P.No.1388 of 2019 K. Somasundaram .. Petitioner Vs.
1. The Secretary to Government, Revenue Department, Fort St.George, Chennai.
2. The Collector of Chennai, Singaravelar Maligai, No.62, Rajaji Salai, Chennai - 600 001.
3. The District Revenue Officer, Officer of the District Revenue Officer, Saidapet, Chennai - 600 015.
4. The Tahsildar, Office of the Tahsildar, Saidapet, Chennai - 600 015.
5. V. Sathish
6. V. Balaji
7. The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Mambalam Taluk, Chennai - 600 078.
.. Respondents (R7 - impleaded as per order dated 22.01.2019 by PSNJ in W.M.P.No.1810 of 2019 in W.P.No.1238 of 2019) PRAYER: The Writ Petition has been filed Under Article 226 of the Constitution of India praying to issue a Writ of Mandamus to direct respondent Nos. 1 to 4 to dispose of the representation dated 29.12.2018 given by the petitioner as by way of appeal seeking for cancellation of patta issued by the 4th respondent in favour of the respondent Nos.5 and 6 in respect of property being Government farm Village No.114, comprised in T.S.No.27, Block No.20, Old Door No.18/5, Municipal Door No.1, East Jones
Road, formerly known as Krishnappa Pillai Garden of an extent of 4 grounds and 1200 sq.ft together with the superstructure thereon.
For Petitioner : Mr.K.Venkateswaran For 1st to 4th & 7th Respondents : Mr.E.Balamurugan Special Government Pleader - - - - -
O R D E R
The present Writ Petition has been filed for issuance of a Writ of Mandamus to direct respondent Nos. 1 to 4 to dispose of the representation dated 29.12.2018 given by the petitioner by way of appeal seeking for cancellation of patta issued by the 4th respondent in favour of the respondent Nos.5 and 6 in respect of property being Government farm Village No.114, comprised in T.S.No.27, Block No.20, Old Door No.18/5, Municipal Door No.1, East Jones Road, formerly known as Krishnappa Pillai Garden of an extent of 4 grounds and 1200 sq.ft together with the superstructure thereon.
2. The learned counsel appearing for the petitioner submits that the petitioner has given a representation dated 29.12.2018 before respondent Nos.1 to 4 seeking for cancellation of patta issued in favour of respondent Nos. 5 and 6, but, the same is yet to be disposed of by the authorities concerned.
3. Heard Mr.E.Balamurugan, learned Special Government Pleader appearing for respondent Nos.1 to 4 and 7.
4. Considering the facts and circumstances of the case and the submissions made on either side, this Court, without expressing any opinion on merits of the representation, directs respondent No.7 to consider the petitioner's representation dated 29.12.2018 and pass appropriate orders, on merits and in accordance with law, after issuing notice to the petitioner as well as respondent Nos.5 and 6 and also affording due opportunity of hearing to the petitioner, respondent Nos.5 and 6 as well as any of the interested parties, within a period of four weeks from the date of receipt of a copy of this order.
5. With the above directions, this Writ Petition is disposed of. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.
Sd/- Deputy Registrar //True Copy// Sub Assistant Registrar asi To
1. The Secretary to Government, Revenue Department, Fort St.George, Chennai.
2. The Collector of Chennai, Singaravelar Maligai, No.62, Rajaji Salai, Chennai - 600 001.
3. The District Revenue Officer, Officer of the District Revenue Officer, Saidapet, Chennai - 600 015.
4. The Tahsildar, Office of the Tahsildar, Saidapet, Chennai - 600 015.
5. The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Mambalam Taluk, Chennai - 600 078.
+1cc to Mr.K.Venkateswaran, Advocate sr.no.5350(20/01/2019) +1cc to Government Pleader sr.no.5080(20/01/2019) W.P.No.1238 of 2019 and W.M.P.No.1388 of 2019 nr 14/03/2019