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Madras High CourtWP/10004/2015disposed of

K.Arumugam v. The District Collector

2015-04-07Honourable Mr Justice M. Sathyanarayanan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07-04-2015

CORAM:

THE HON'BLE MR. JUSTICE M.SATHYANARAYANAN W.P.No.10004 of 2015 K.Arumugam No.185/A Road Street Sevarapoondi Village Polur Taluk Thiruvannamalai District 606 902

...Petitioner

Vs 1 The District Collector Thiruvannamalai District Thiruvannamalai 606 604 2 The Revenue Divisional Officer Thiruvannamalai District Thiruvannamalai 606 601 3 The Tahsildar Taluk Office Polur Thiruvannamalai District 606 803 4 Rajendran Thropathi Amman Koil Street Randham Village Polur Taluk Thiruvannamalai District

...Respondents

Writ Petition under Article 226 of the Constitution of India praying for a writ of mandamus directing the 2nd respondent herein to dispose of representation of the petitioner dt 01-10-2013, 11-112013 and 03-03-2015 within time frame fixed by this Honourable Court

For petitioner :

Mr. A. Edwin Prabakar For respondent :

Mr. S. Pattabiraman, GA

ORDER

By consent, the writ petition is taken up for final disposal. 2.

The petitioner in the affidavit filed in support of this writ petition, would aver among other things that he is aged about 73 years and is the owner of the land to an extent of 93 cents in S.No.226/2A in Randham Village, Polur Taluk, Thiruvannamalai District and it was originally owned by his grandfather and after his grandfather's demise, his father succeeded and after his father, the petitioner, his brother and brother's sons acquired the property, by making oral partition among themselves. The petitioner and others got a joint patta vide patta No.126 and according to the petitioner, he is in peaceful possession and enjoyment of the share of the property. The petitioner would further state that taking advantage of his old age, the fourth respondent managed to obtain an UDR patta in respect of the petitioner's land in his name. The petitioner, in this regard submitted a number of representations dated 01-10-2013, 11-11-2013 and 03-03-2005 to the official respondents and others. However, he has not been favoured with any response and hence, has come forward with this writ petition.

3.

Heard Mr. A. Edwin Prabakar, learned counsel for the petitioner and Mr. S. Pattabiraman, learned Government Advocate for the respondent Nos.1 to 3.

4.

This Court taking into consideration of the limited scope of the prayer sought for in the writ petition and without going into the merits of the case, directs the second respondent to consider and dispose of the petitioner's representation dated 11-11-2013, on merits and in accordance with law, after putting the fourth respondent on notice and pass orders, as expeditiously as possible, not later than four weeks from the date of receipt of a copy of this order and communicate the position to the petitioner as well as the fourth respondent.

5.

The writ petition is disposed of, accordingly. No costs. Sd/- Assistant Registrar(CS-V) //True Copy// Sub Assistant Registrar glp To 1 The District Collector Thiruvannamalai District Thiruvannamalai 606 604 2 The Revenue Divisional Officer Thiruvannamalai District Thiruvannamalai 606 601 3 The Tahsildar Taluk Office Polur Thiruvannamalai District 606 803 1 CC to Mr. A. Edwin Prabakar, Advocate SR.No. 19032 1 CC to the Government Pleader, SR.No. 19276 W.P.No.10004 of 2015 KSJ (CO) PSI (24.04.2015)