Ettiappan v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.04.2017

CORAM

THE HON'BLE Mr. JUSTICE M.DURAISWAMY W.P.No.9700 of 2017 and W.M.P.No.10686 of 2017 Ettiappan ... Petitioner Vs.

1.The District Collector, 2.The District Revenue Officer, 3.The Revenue Divisional Officer, Ponneri Taluk, Thiruvallur District.

4.The Tahsildar, Ponneri Taluk, Thiruvallur District.

5.The Member Secretary, Chennai Metropolitan Development Authority, Gandhi Irwin Road, Chennai - 600 008.

6.Veeraraghavan 7.Ekambaram 8.Usha ... Respondents Petition filed under Article 226 of The Constitution of India praying to issue a writ of mandamus directing the respondents 1 to 4 to dispose of the petitioner's representation dated 25.07.2013 sent in connection with inclusion of the mother's name Kuppammal in the Revenue Records pertaining to the land of an extent of 1 acre 38 cents comprised in S.No.8 at No.134, Chinnamullaivoyal Village, Ponneri Taluk, Tiruvallur District within a time frame. For Petitioner : Mr.B.Harikrishnan For Respondent : Mr.S.Navaneethan, Additional Government Pleader (R1 to R4)

O R D E R

The petitioner has filed the above Writ Petition to issue a writ of mandamus directing the respondents 1 to 4 to dispose of the representation dated 25.07.2013 sent in connection with inclusion of his mother's name Kuppammal in the Revenue Records pertaining to the land measuring an extent of 1.38 acres comprised in S.No.8 at No.134, Chinnamullaivoyal Village, Ponneri Taluk, Tiruvallur District within a time frame.

2.The learned counsel appearing for the petitioner submitted that inspite of the petitioner's representation dated 25.07.2013, the 4th respondent has not considered and passed orders till this date.

3.Mr.S.Navaneethan, learned Additional Government Pleader taking notice for the respondents 1 to 4 submitted that since there are counter claimants, the request made by the petitioner cannot be granted. That apart, the learned Additional Government Pleader submitted that the petitioner had to go before the Civil Court for appropriate relief. However, the learned Additional Government Pleader submitted that the 4th respondent would consider and inform the petitioner about the said stand.

4.In view of the submissions made by the learned counsel on either side, taking into consideration the limited prayer sought for by the petitioner, without expressing any opinion with regard to the merits of the case, I direct the 4th respondent to pass orders on the petitioner's representation dated 25.07.2013, taking into consideration the submissions made by the learned Additional Government Pleader before this Court, in accordance with law within a period of four weeks from the date of receipt of a copy of this order. 5.With these observations, the Writ Petition is disposed of. No costs. Consequently, the connected miscellaneous petition is closed.

Sd/- Asst.Registrar (CCC) /true copy/ Sub Asst. Registrar To 1.The District Collector,

2.The District Revenue Officer, 3.The Revenue Divisional Officer, Ponneri Taluk, Thiruvallur District.

4.The Tahsildar, Ponneri Taluk, Thiruvallur District.

+1 cc to Mr.B.harikrishnan,advocate,sr.24271 +1 cc to Govt.Pleader,sr.24363 rj(co) krd 26/4 W.P.No.9700 of 2017 and W.M.P.No.10686 of 2017