P.Vijayan v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.09.2018 CORAM :

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.No.9835 of 2014 P.Vijayan ... Petitioner vs.

1. The District Collector, Thiruvallur District, Thiruvallur.

2. The Revenue Divisional Officer Ponneri, Thiruvallur District.

3. The Tahsildar, Ponneri, Thiruvallur District.

4. Rajeshwari ... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, for issuance of a writ of Mandamus by directing the 3rd respondent to consider the petitioner's representation dated 27.01.2014 and issue patta in favour of the petitioner and the petitioner is ready to pay arrears of amount if any and pass such orders.

For Petitioners : M/s. P. Anbazhagan For Respondents: Mr.D.Raghu for R1 to R3 Government Advocate.

R4 dismissed vide Court order dated 01.10.2015.

O R D E R

The grievance of the writ petitioner is that his representation submitted to the 1st respondent on 27.01.2014 to issue patta in favour of the writ petitioner has not been considered at all.

https://hcservices.ecourts.gov.in/hcservices/

2. The learned Government Advocate made a submission that patta was initially granted by the Tahsildar in favour of 4th respondent. The writ petitioner submitted an application for cancellation of patta before the 1st respondent, under the provisions of Tamil Nadu Patta Pass Book Act, 1983. The Revenue Divisional Officer is the appellate authority for the purpose of entering the appeal against the order passed by the Collector under the Tamil Nadu Patta Pass Book Act, 1983. Thus the petitioner has preferred statutory appeal before the 2nd respondent under the provisions of the Tamil Nadu Patta Pass Book Act, 1983.

3. Thus the writ petitioner is at liberty to submit an appeal before the 2nd respondent within the period of 4 weeks from the date of receipt of a copy of this order. If any such appeal is received by the 2nd respondent, then the same shall be adjudicated on the merits and in accordance with law and by affording reasonable opportunity to all the parties concerned and the final order shall be passed within 12 weeks thereafter.

4. Accordingly, the Writ Petition stands disposed. However, no order as to costs.

Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar pkn/hvk To

1. The District Collector, Thiruvallur District, Thiruvallur.

2. The Revenue Divisional Officer Ponneri, Thiruvallur District.

3. The Tahsildar, Ponneri, Thiruvallur District.

+1cc to Mr.P.Anbazhagan, Advocate, S.R.No.63045 +1cc to the Government Pleader, S.R.No.63806 W.P.No.9835 of 2014 VSN(CO) GSP(03/10/2018) https://hcservices.ecourts.gov.in/hcservices/