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Madras High CourtWP/10769/2017disposed of

V.Sundaram, v. The Collector,

2017-04-27Honourable Mr Justice M.Duraiswamy2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.04.2017

CORAM

THE HON'BLE Mr.JUSTICE M.DURAISWAMY W.P.No.10769 of 2017 1.V.Sundaram 2.V.Durairaj ... Petitioners Vs.

1. The Collector, Kancheepuram Collector Office, Kancheepuram - 631 501.

2. The Tahsildar, Sholinganallur Taluk Office, Sholinganallur, Chennai - 600 119.

... Respondents Petition filed under Article 226 of The Constitution of India praying to issue a writ of mandamus directing the respondents to consider and pass order on the petitioners' representations dated 27.07.2016, 08.08.2016, 19.08.2016, 14.09.2016 submitted to the respondents for cancelling the classification as Mayanam (Burial Ground) bearing Survey No.731 measuring an extent of 3.10 acre at Pallikaranai Village, Sholinganallur Taluk, Kancheepuram District in accordance with law.

For Petitioners : Mr.G.V.Sridaran For Respondents : Mr.A.N.Thambidurai, Special Government Pleader

O R D E R

The petitioner has filed the above Writ Petition to issue a writ of mandamus directing the respondents to consider and pass orders on the petitioners' representations dated 27.07.2016, 08.08.2016, 19.08.2016, 14.09.2016 submitted to the respondents for cancelling the classification as Mayanam (Burial Ground) bearing Survey No.731 measuring an extent of 3.10 acre at Pallikaranai Village, Sholinganallur Taluk, Kancheepuram District in accordance with law. 2.The learned counsel appearing for the petitioners submitted that inspite of the petitioners' representations given to the respondents, the respondents have not considered the same yet.

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3.Mr.A.N.Thambidurai, learned Special Government Pleader taking notice for the respondents submitted that since the petitioners have not produced the acknowledgment for having given the representations to the respondents, they may be directed to give fresh representation and the 1st respondent may be directed to consider the same in accordance with law. 4.Having regard to the submissions made by the learned counsel on either side, taking into consideration the limited prayer sought for in the Writ Petition, without expressing any opinion with regard to the merits of the case, I direct the petitioners to give a fresh representation to the 1st respondent within one week from the date of receipt of a copy of this order and on receipt of the same, the 1st respondent is directed to consider the same and pass orders on merits and in accordance with law, within a period of twelve weeks from the date of submission of fresh representation.

5.With these observations, the Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar va To

1. The Collector, Kancheepuram Collector Office, Kancheepuram - 631 501.

2. The Tahsildar, Sholinganallur Taluk Office, Sholinganallur, Chennai - 600 119.

+1cc to Mr.G.V.Sridaran, Advocate, S.R.No.25750 +1cc to the Government Pleader, S.R.No.26378 W.P.No.10769 of 2017 MG(CO) CA(05/05/2017) https://hcservices.ecourts.gov.in/hcservices/