V.Gopinath v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 21.03.2018
CORAM
THE HONOURABLE MR.JUSTICE K.RAVICHANDRABAABU W.P.No.6405 of 2018 1.V.Gopinath S/o.Vadivelu 2.V.Ramdoss S/o.Vadivelu .. Petitioners Vs.
1.The District Collector Thiruvallur District Thiruvallur.
2.The Revenue Divisional Officer Thiruttani Division Thiruttani.
3.The Tahsildar Thiruttani Taluk Thiruttani.
.. Respondents Writ petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondents herein to issue separate Patta to the petitioners for the properties in Dry Survey No.406/4 admeasuring 0.06 Acres i.e 6 cents, in Survey No.407/9 admeasuring 0.03.0 Hec. i.e. 0.08 Acres i.e. 8 cents for which irrigation through the 1/6th share in the well situated in Survey No.407/8B, all situated at Thiruttani Group, Karthikeyapuram Village Panchayat and Thiruttani Panchayat Union, Thiruvallur District forming part of Patta Numbers 32, 125 & 132 respectively by sub dividing the Survey Numbers 406/4, 407/9 & 407/8B respectively within a time frame. For Petitioners : Mr.A.R.Suresh For Respondents : Mr.D.Suriyanarayanan Additional Government Pleader
O R D E R
Mr.D.Suriyanarayanan, learned Additional Government Pleader takes notice for the respondents. By consent of the parties, the main writ petition is taken up for final disposal at the admission stage itself.
2. The petitioners seek for the following relief: Directing the respondents to issue separate Patta to the petitioners for the properties in Dry Survey No.406/4 admeasuring 0.06 Acres i.e 6 cents, in Survey No.407/9 admeasuring 0.03.0 Hec. i.e. 0.08 Acres i.e. 8 cents for which irrigation through the 1/6th share in the well situated in Survey No.407/8B, all situated at Thiruttani Group, Karthikeyapuram Village Panchayat and Thiruttani Panchayat Union, Thiruvallur District forming part of Patta Numbers 32, 125 & 132 respectively by sub dividing the Survey Numbers 406/4, 407/9 & 407/8B respectively.
3. Heard both sides.
4. It is stated that the petitioners have sent a representation to the respondents on 27.01.2016. The grievance of the petitioners before this Court is that the said representation has not been considered so far. This Court, at this stage, is not expressing any view on the merits of the claim made by the petitioner, as it is for the third respondent to consider and decide the same. Thus, this writ petition is disposed of, only with a direction to the third respondent to consider the representation of the petitioner dated 27.01.2016 and pass orders on the same on merits and in accordance with law, after hearing the petitioner as well as the rival claimants and the other interested parties, if any. such exercise shall be done by the third respondent within a period of twelve weeks from the date of receipt of a copy of this order. No costs. Sd/- Assistant Registrar(CS-V) //True Copy// Sub Assistant Registrar mk To 1.The District Collector Thiruvallur District Thiruvallur.
2.The Revenue Divisional Officer Thiruttani Division Thiruttani.
3.The Tahsildar Thiruttani Taluk Thiruttani.
+1 CC TO MR.A.R.Suresh, Advocate SR. No.22004 +1 CC TO The government Pleader SR.NO22349 W.P.No.6405 of 2018 AK(CO) RMP(03/04/2018)