K.Mohan v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.02.2021 CORAM : JUSTICE N.SESHASAYEE W.P.No.3939 of 2021 K.Mohan ... Petitioner Vs.

1.The District Collector Chengalpattu District Chengalpattu - 603 001.

2.The District Revenue Officer Chengalpattu District Chengalpattu - 603 001.

3.The Tahsildar Tambaram Taluk Tambaram - 600 045.

4.The Special Tahsildar Urban Land Tax Scheme Tambaram Taluk Tambaram - 600 045.

5.S.Thayappan 6.Melmaruvathur Athiparasakthi Charitable Medical Education & Cultural Trust Melmaruvathur Chengalpattu District - 603 319. .... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus to direct the official respondents to consider the representation of the petitioner dated 21.01.2021 by deleting the name of S.Thayappan, S/o. P.Subbiah, 5th respondent herein in the Town Survey Register maintained by the Special Tahsildar, Urban Land Tax Scheme, Tambaram and restore the patta in favour of the petitioner herein.

For Petitioner : Mr.A.v.Arun For Respondents: Mr.E.Balamurugan Special Government Pleader [R1 to R4]

ORDER

The present petition is filed seeking a direction to the official respondents to consider the petitioner's representation dated 21.01.2021 to restore the patta in his favour after making necessary corrections in the Town Survey Register.

2. Heard the learned counsel for the petitioner. Mr.E.Balamurugan, learned Special Government Pleader takes notice for respondents 1 to 4 and makes a statement on written instruction that the enquiry for the purpose is scheduled to take place at 11.00 a.m., on 05.03.2021 in the office of the Special Tahsildar, Urban Land Tax Scheme, Tambaram, the fourth respondent herein. The said statement is recorded.

3. Inasmuch as the date for enquiry is fixed by the respondents, no direction is required to be given, except that the fourth respondent / Special Tahsildar, Urban Land Tax, Tambaram is directed to hold an enquiry after issuing notices to all the parties who are likely to be affected by his decision, and after providing the parties a fair and effective hearing and to dispose of the said representation through a speaking order within a period of twelve (12) weeks from the date of service of order copy, subject to such time that may be lost in responsibilities connected with the ensuing General Election of the Tamil Nadu State Legislative Assembly, 2021.

4. The writ petition is disposed of accordingly. No costs. Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar ds To:

1.The District Collector, Chengalpattu District, Chengalpattu - 603 001.

2.The District Revenue Officer, Chengalpattu District, Chengalpattu - 603 001.

3.The Tahsildar, Tambaram Taluk, Tambaram - 600 045.

4.The Special Tahsildar, Urban Land Tax Scheme, Tambaram Taluk, Tambaram - 600 045.

+1cc to the Government Pleader SR.11579 +1cc to M/s.A.V.Arun, Advocate SR.11256 W.P.No.3939 of 2021 aab[co] srg 22/03/2021