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Madras High CourtWP/2586/2024dismissed

K.Kotteeswaran v. The District Collector

2024-02-07Honourable Mr Justice P. Velmurugan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.02.2024

CORAM

THE HONOURABLE MR.JUSTICE P.VELMURUGAN K.Kotteeswaran ... Petitioner versus 1.The District Collector, Chengalpattu District.

2.The District Revenue Officer, Chengalpattu District.

3.The Revenue Divisional Officer, Tambaram Region, Tambaram Taluk, Chengalpattu District.

4.The Tahsildhar, Tambaram Taluk, Chengalpattu District.

.....Respondents Pg.Nos.1/6

Writ Petition filed under Article 226 of Constitution of India, praying to issue a Writ of Mandamus, directing the respondents to consider the representation dated 24.03.2022 and reminders dated 07.06.2023 and 02.01.2024 within a time frame fixed by this Court and to restore and issue Patta in favour of the petitioner for 2475 sq.ft of land situated at Old Survey Number 21/3B4, New Survey Number 21/3B4E3, Patta No.728, Thiruvancherry Village (Mappedu), Tambaram Taluk, Chengalpattu District. For Petitioner :

Mr.R.Bhalasubramaniom For Respondents :

Mr.A.Selvendran Special Government Pleader

O R D E R

Mr.A.Selvendran, learned Special Government Pleader accepts notice for respondents. With the consent of both the parties, the writ petition is taken up for final disposal at the admission stage itself.

2. The petitioner has given a representation to the respondents on 24.03.2022, subsequently reminders on 07.06.2023 and 02.01.2024, Pg.Nos.2/6

respectively, seeking to issue Patta in favour of the petitioner with respect of 2475 sq.ft of land in Old Survey Number 21/3B4, New Survey Number 21/3B4E3 with Patta No.728 situated at Thiruvancherry Village (Mappedu), Tambaram Taluk, Chengalpattu District.

3. On a perusal of the records, it is seen that the petitioner herein has already filed a writ petition in W.P.No.15962 of 2021 before this Court for the very same relief as sought for in the present writ petition and this Court by order dated 02.08.2021 directed the Tahsildar, Tambaram Taluk, Chengalpattu District to pass necessary orders, by considering the representation of the petitioner.

4. It is to be noted that this is the second round of litigation and in an earlier round, this Court has already given certain directions to the authority Pg.Nos.3/6

concerned to consider the grievance of the petitioner. If the petitioner is aggrieved over non-compliance of the order dated 02.08.2021 in W.P.No.15962 of 2021, it is open for him to file Contempt Petition and not to file the present Writ Petition by invoking Article 226 of Constitution of India.

5. In view of the above, the writ petition is dismissed. However, there shall be no order as to costs.

07.02.2024 Index: Yes/No Speaking Order : Yes/No ms Pg.Nos.4/6

To 1.The District Collector, Chengalpattu District.

2.The District Revenue Officer, Chengalpattu District.

3.The Revenue Divisional Officer, Tambaram Region, Tambaram Taluk, Chengalpattu District.

4.The Tahsildhar, Tambaram Taluk, Chengalpattu District.

Pg.Nos.5/6

P.VELMURUGAN, J.

ms 07.02.2024 Pg.Nos.6/6