B.Gopinath, v. The Collector,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.09.2021

CORAM

THE HON'BLE MR.JUSTICE G.K.ILANTHIRAIYAN W.P.No.19576 of 2013 R.Gopinath

...Petitioner

Vs

1. The Collector, Kancheepuram District, Kancheepuram.

2. The Tahsildar, Sholinganallur Taluk Office, Sholinganallur, Chennai - 600 109.

3. The Panchayat President, Perumbakkam Village, Sholinganallur Taluk Kancheepuram District.

4. The Inspector General of Registration, Office of the Registration, Santhome High Road, Chennai-600 028.

...Respondents

PRAYER:- Writ Petition is filed under Article 226 of Constitution of India, praying to issue a Writ of Mandamus, directing the first Respondent to dispose of the petitioner's representation dated 15.04.2013, and consequential relief of direction directing the second respondent to restore the original FMB sketch which was prepared immediately after formation of the layout.

For Petitioner : No Appearance For Respondents R1,R2 &R4 : Mr.M.R,Gokul Krishnan, Government Advocate

O R D E R

Writ Petition has been filed to issue a Writ of Mandamus directing the first Respondent to dispose of the petitioner's representation dated 15.04.2013, and consequential relief of direction directing the second respondent to restore the original FMB sketch which was prepared immediately after formation of the layout.

2. The petitioner submitted the representation to the respondents on 15.04.2013. On perusal of the representation, revealed that after layout was approved by the authorities concerned, the counter parties re-drew the original FMB and sold out to third parties. The said land was alloted for road. Now the road has been converted into house plots.

3. The petitioner has purchased the corner plot No.119 in the layout called "Shanthi Nagar Layout" and due to fraudulent conversion, the entire plot owners have no access to reach the main road. Therefore, he sought for action to be taken with regards to the Sale Deed executed in favour of the third parties.

4. However, the representation was made on 15.04.2013. After a period of eight years, it is not proper to direct the first respondent to consider the said representation.

5. Therefore, the petitioner is directed to send a fresh representation before the first respondent within a period of two weeks from the date of receipt of a copy of this Order. On receipt of the same, the first respondent is directed to issue notice to the petitioner and the persons who got the Sale Deed in their favour and the authorities concerned and after giving an opportunity of hearing to them and pass orders on merits and in accordance with law.

6. With the above directions, this writ petition is disposed of. No order as to costs.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar lok/rgi

To

1. The Collector, Kancheepuram District, Kancheepuram.

2. The Tahsildar, Sholinganallur Taluk Office, Sholinganallur, Chennai - 600 109.

3. The Panchayat President, Perumbakkam Village, Sholinganallur Taluk Kancheepuram District.

4. The Inspector General of Registration, Office of the Registration, Santhome High Road, Chennai-600 028.

W.P.No.19576 of 2013 RP(CO) RGA(26/10/2021)