Madras High CourtWP/9318/2017disposed of

P.R.Sanmurthy v. The District Collector

2017-04-18Honourable Mr Justice M.Duraiswamy2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.04.2017

CORAM

THE HONOURABLE MR. JUSTICE M.DURAISWAMY W.P.No.9318 of 2017 P.R.Sanmurthy ... Petitioner Vs

1. The District Collector Office of the Collectorate, Krishnagiri District.

2. The Revenue Divisional Officer Krishnagiri.

3. The Tahsildar Bargur.

4. R.Chakkubai ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the 1st respondent to dispose of the representation dated 08.07.2016 in accordance with law and consequently grant patta in respect of a well in Survey No.380/1. For Petitioner : Mr.V.Karthikeyan For Respondents : Mrs.K.Bhuvaneswari Government Advocate (RR 1 to 3)

O R D E R

The petitioner has filed the above writ petition to issue a Writ of Mandamus, directing the first respondent to dispose of the representation dated 08.07.2016, in accordance with law and consequently grant patta, in respect of the Well in Survey No.380/1.

2. Mrs.K.Bhuvaneswari, learned Government Advocate, taking notice for the respondents 1 to 3, submitted that, as against https://hcservices.ecourts.gov.in/hcservices/

the order dated 27.06.2016 passed by the third respondent, the petitioner should have filed an appeal before the Revenue Divisional Officer, within 30 days. and that the writ petition filed by the petitioner is not maintainable.

3. The contention now raised by the Special Government Pleader, could have been informed to the petitioner by disposing of the petitioner's representation dated 08.07.2016. However, the said representation has not yet been disposed of by the second respondent.

4. In these circumstances, I direct the second respondent to consider the petitioner's representation dated 08.07.2016 and conduct an enquiry, if required, and pass orders in accordance with law, within eight weeks from the date of receipt of a copy of this order.

5. With these observations the Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar jer/va To

1. The District Collector, Office of the Collectorate, Krishnagiri District.

2. The Revenue Divisional Officer, Krishnagiri.

3. The Tahsildar, Bargur.

+1cc to M/S.V.Karthikeyan, Advocate Sr.23159 +1cc to the Government Pleader Sr.23536 W.P.No.9318 of 2017 rsk[co] srg 21/04/2017 https://hcservices.ecourts.gov.in/hcservices/