S.Sekar v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.12.2021

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.No.4187 of 2019 S.Sekar ... Petitioner Vs.

1. The District Collector, Kancheepuram District, Kancheepuram.

2. The Revenue Divisional Officer, Madhurantakam.

3. The Tahsildar, Taluk Office, Uthiramerur, Kancheepuram.

4. V.Perumal

...Respondents

Prayer:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the third respondent herein to consider the representations of the petitioner dated 09.09.2016 and 12.04.2018 within a specific time to be fixed by this Hon'ble Court.

For Petitioner : M/s.S.Ruban Prabu For Respondents : M/s.C.Sangamithirai for R1 to R3 Special Government Pleader Mr.K.Sankar for R4

O R D E R

The petitioner has filed this writ petition seeking issuance of Writ of Mandamus directing the third respondent to consider the representations of the petitioner dated 09.09.2016 and 12.04.2018 within a specific time to be fixed by this Court. 2.The case of the petitioner is that the subject property was purchased by his father under registered sale deed dated

24.05.1962 vide document no.1176/1962 on the file of the SRO, Uthiramerur and from the date of his purchase, he has been in exclusive possession and enjoyment of the same. The petitioner's father died on 24.06.2008.

Thereafter the petitioner came to know that patta in respect of the subject property was issued in favour of the fourth respondent. Hence, he made representations to the respondents seeking to cancel the patta granted in favour of the fourth respondent and since the same was not considered, has filed this writ petition. 3.The learned counsel appearing for the petitioner would submit that this Court may issue direction to the third respondent to consider the representations of the petitioner dated 09.09.2016 and 12.04.2018 and to pass appropriate orders within a reasonable time.

4.The learned counsel appearing for the fourth respondent would submit that during the pendancy of this writ petition, the fourth respondent passed away and hence, this Court may issue direction to the third respondent to pass appropriate orders on the representations of the petitioner, after affording opportunity to the legal heirs of the fourth respondent. 5.The learned Special Government Pleader appearing for the respondents 1 to 3 would submit that the petitioner's representations will be considered, if they have not yet been considered, however, this Court may issue direction to the petitioner to send a copy of the representations along with a copy of this order to the third respondent.

6.In view of the above, the petitioner is directed to send copy of the representations dated 09.09.2016 and 12.04.2018 along with a copy of this order to the third respondent so as to enable the third respondent to pass appropriate orders. On receipt of the same, the third respondent shall consider the same on merits and in accordance with law and after affording opportunity to the legal heirs of the fourth respondent, if any, shall pass appropriate orders, within a period of six weeks from the date of receipt of the copy of the representations. 7.With the above directions, this writ writ petition is disposed of. No costs.

Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar

pri To

1. The District Collector, Kancheepuram District, Kancheepuram.

2. The Revenue Divisional Officer, Madhurantakam.

3. The Tahsildar, Taluk Office, Uthiramerur, Kancheepuram.

+1cc to M/s.S.Ruban Prabu, Advocate, S.R.No.64122 +1cc to Mr.E.P.Senniyangiri, Advocate, S.R.No.64376 +1cc to the Government Pleader, S.R.No.64241 W.P.No.4187 of 2019 PM[co] NSK 15/12/2021