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Madras High CourtWP/6631/2014disposed of

D.Kamakshi v. The Tahsildar

2018-08-16Honourable Mr Justice R. Mahadevan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.08.2018

CORAM

THE HON'BLE MR.JUSTICE R.MAHADEVAN W.P.No.6631 of 2014 D.Kamakshi

...Petitioner

Vs 1.The Tahsildar Taluk Office, Sirkazhi 2.Revenue Divisional Office, Mayiladuthurai.

3.District Collector, Nagapattinam District.

4.David Kiruba

...Respondents

PRAYER : Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus directing 1st respondent to pass orders on the representation of the petitioner dated 20.11.2010 for cancellation of patta in the name of the 4th respondent and to issue patta to and in favour of the petitioner with respect to a total extent of 99 cents of land namely 90 cents in Survey No.310/2 and 9 cents in Survey No.314/A, Kovilpathu Village, Nemmeli, Sirkazhi Taluk, Nagapattinam District.

For Petitioner : Mr.S.Sadasharam For R1 to R3 : Mrs.P.Rajalakshmi Additional Government Pleader

O R D E R

This Writ Petition is filed to issue a Writ of Mandamus directing the 1st respondent to pass orders on the representation of the petitioner dated 20.11.2010 for cancellation of patta granted in the name of the 4th respondent and consequently, issue patta to and in favour of the petitioner with respect to a land measuring to an extent of 99 cents viz., 90 cents in Survey No.310/2 and 9 cents in Survey No.314/A, situated at Kovilpathu Village, Nemmeli, Sirkazhi Taluk, Nagapattinam District.

2.According to the learned counsel for the petitioner, the petitioner submitted a representation dated 20.11.2010, with regard to the relief sought for in this Writ Petition and https://hcservices.ecourts.gov.in/hcservices/

the said representation is still pending without consideration.

3.On the other hand, the learned Additional Government Pleader appearing for the respondents 1 to 3 submitted that if the representation submitted by the petitioner is pending, the same would be considered by the respondent concerned within a time frame stipulated by this Court.

4.Considering the facts and circumstances of the case and having regard to the submissions made by the learned counsel on either side, the 2nd respondent is directed to consider the representation dated 20.11.2010, submitted by the petitioner and pass appropriate orders if not already passed, on merits and in accordance with law, after giving due opportunity of personal hearing to the petitioner. Such exercise shall be completed within a period of six weeks from the date of receipt of a copy of this order.

5.The Writ Petition stands disposed of with the above direction. No costs.

Sd/- Assistant Registrar(CS-IX) //True Copy// Sub Assistant Registrar gsa To 1.The Tahsildar Taluk Office, Sirkazhi 2.Revenue Divisional Office, Mayiladuthurai.

3.District Collector, Nagapattinam District.

+ 1 cc to MR. S. Sadasharam, Advocate SR.56673 + 1 cc to MR. Special Government Pleader Sr.57214 W.P.No.6631 of 2014 SVN(CO) EU(06/09/2018) https://hcservices.ecourts.gov.in/hcservices/