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Madras High CourtWP/16941/2013disposed of

Mr.D.Kamalakannan, v. The Assistant Land

2020-08-07Honourable Mr Justice M.Duraiswamy3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.08.2020 CORAM :

The HON'BLE MR.JUSTICE M.DURAISWAMY W.P.No.16941 of 2013 and M.P.No.1 of 2013 D.Kamalakannan ... Petitioner v.

1. The Assistant Land Commissioner, Land Reform, Villupuram, Villupuram District.

2. The Revenue Divisional Officer, Tindivanam, Villupuram District.

3. The Tahsildar, Gingee Taluk, Gingee, Villupuram District.

4. The Taluk Surveyor, Gingee Taluk, Gingee, Villupuram District.

5. The Inspector of Police, Gingee Town Police Station, Gingee, Villupuram District.

6. Mr. M.Muthu ... Respondents Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the 2nd respondent to cancel the UDR Patta in the name of 6th respondent in Narasingarayan Pettai (Gingee Taluk, Villupuram District), Survey No.8/18 on a petition made by the petitioner on 19.02.2013.

For Petitioner : Mr. Mazhaimeni Pandiyan For Respondents: Ms. A. Mathumathi, Special Govt. Pleader - for R1 to R5 Mr.J. Sai Krishnan for M/s. Sai Bharath - for R6

O R D E R

The petitioner has filed the above Writ Petition to issue a Writ of Mandamus, directing the 2nd respondent to cancel the UDR Patta in the name of the 6th respondent in Narasingarayan Pettai, Gingee Taluk, Villupuram District, in Survey No.8/18 on a petition made by the petitioner on 19.02.2013.

2. It is the case of the petitioner that though he has filed a petition before the 2nd respondent as early as on 19.02.2013 to cancel the patta issued in favour of the 6th respondent, the 2nd respondent has not passed any order sofar.

3. Mr.J. Sai Krishnan, learned counsel appearing for the 6th respondent submitted that the 6th respondent had died.

4. Ms.A.Mathumathi, learned Special Government Pleader appearing for the respondents 1 to 5 submitted that the 2nd respondent may be directed to dispose of the petitioner's representation dated 19.02.2013 within a time frame, after issuing notice to the petitioner as well as the legal representatives of the deceased 6th respondent.

4. Having regard to the submissions made by the learned Special Government Pleader appearing for the respondents 1 to 5 and the learned counsel appearing for the 6th respondent, I direct the 2nd respondent to dispose of the petitioner's representation dated 19.02.2013, on merits and in accordance with law, after giving notice to the petitioner as well as to the legal representatives of the deceased 6th respondent, within a period of twelve weeks from the date of receipt of a copy of this order.

With these observations, the Writ Petition is disposed of. No costs. Consequently the connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar //True copy// Sub Assistant Registrar Rj To

1. The Assistant Land Commissioner, Land Reform, Villupuram, Villupuram District.

2. The Revenue Divisional Officer, Tindivanam, Villupuram district.

3. The Tahsildar, Gingee Taluk, Gingee, Villupuram District.

4. The Taluk Surveyor, Gingee Taluk, Gingee, Villupuram District.

5. The Inspector of Police, Gingee Town Police Station, Gingee, Villupuram District.

+1cc to Mr.T.Saikrishnan, Advocate SR.No.26284 +1cc to Government Pleader SR.No.26472 W.P.No.16941 of 2013 and M.P.No.1 of 2013 PVS(CO) GMY(21/08/2020)