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Madras High CourtWP/10449/2018disposed of

Sudhakar, v. The District Collector,

2020-10-07Honourable Mr Justice K. Ravichandrabaabu2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.10.2020

CORAM

THE HON'BLE MR. JUSTICE K.RAVICHANDRABAABU W.P.No.10449 of 2018 Sudhakar S/o.Subramani 215, Anna Street, Kosavampalayam Village Thiruninravur, Avadi Taluk Tiruvallur District.

...Petitioner

Vs.

1.The District Collector Tiruvallur District.

2.The District Revenue Officer Collectorate Office Tiruvallur District.

3.The Tahsildar Poonamallee.

4.Arulmighu Baktavatchalaperumal Thirukoil Thiruninravur, Poonamallee Tiruvallur District.

...Respondents

Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the 2nd respondent to pass orders on the petitioner's representation dated 15.06.2015 based on the enquiry in RC.No.16263/15/No.1 dated 16.06.2015.

For Petitioner :

Ms.I.Kowser Nissar For Respondents:

Mr.R.Govindasamy Special Government Pleader for R1 to R3

O R D E R

This matter is taken up for hearing through Video Conferencing mode.

2. This writ petition is filed seeking for mandamus directing the 2nd respondent to pass orders on the petitioner's representation dated 15.06.2015 based on the enquiry in RC.No.16263/15/No.1 dated 16.06.2015.

3. Mr.R.Govindasamy, learned Special Government Pleader takes notice for the respondents 1 to 3. Since this writ https://hcservices.ecourts.gov.in/hcservices/

petition is being disposed of without affecting the interest of the 4th respondent, as of now in any manner, notice to the 4th respondent is dispensed with.

4. In respect of the property comprised in Survey Nos.358/1 & 328/2 at Kosavampalayam Village, Thiruninravur, the petitioner claims that he and other 100 families are residing in the said property for more than 3 generations and the said property belongs to them. It is further stated that the 4th respondent is also making a claim over the said property. It is seen that the petitioner and others have made a representation to the 2nd respondent for grant of patta in their favour and it is stated that the said representation has not been considered so far. It is further seen that the office of the 1st respondent had directed the 3rd respondent to consider the representation of the petitioner and others and take appropriate action, through proceedings dated 16.06.2015. It is further stated that till this date, no action is taken by the 3rd respondent so far.

5. Under the above circumstances, without expressing any view on the merits of the claim made by the petitioner, this Writ Petition is disposed of, only by directing the 3rd respondent to consider the representation of the petitioner and others for grant of patta and pass orders on the same on merits and in accordance with law, after hearing the petitioner and others as well as the 4th respondent herein. Such exercise shall be done by the 3rd respondent within a period of eight weeks from the date of receipt of a copy of this order. No costs.

Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar mk To 1.The District Collector Tiruvallur District.

2.The District Revenue Officer Collectorate Office Tiruvallur District.

3.The Tahsildar Poonamallee.

W.P.No.10449 of 2018 A.SK(03/11/2020) https://hcservices.ecourts.gov.in/hcservices/