S.Ramachandran v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.02.2023 CORAM :

THE HONOURABLE MR.JUSTICE R.SURESH KUMAR S.Ramachandran ..

Petitioner vs

1. The District Collector Collectorate, Cuddalore District.

2. The District Revenue Officer Cuddalore, Cuddalore District.

3. The Tahsildhar Panruti Taluk Cuddalore District.

4. The Head Surveyor Panruti Taluk Cuddalore District.

5. K.Subramaniyan ..

Respondents Prayer: Writ Petition under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the first respondent to consider the petitioner's representation, dated 27.12.2022. For Petitioner :

Mr.S.Vijayakumar For Respondents :

Ms.Akila Rajendran Government Advocate for respondents 1 to 4 Notice dispensed with for respondent 5 1/5

ORDER

The prayer sought for herein is for a Writ of Mandamus, directing the first respondent to consider the petitioner's representation, dated 27.12.2022.

2. In respect of the natham Survey No.423, it is the claim of the petitioner that the property was purchased by Court auction by the grandparents of the petitioner. Thereafter, the parents of the petitioner inherited and thereafter, the petitioner inherited the property and has been in enjoyment of the same.

3. When that being so, a third party ie., the fifth respondent had claimed patta and he obtained patta from the third respondent / Tahsildar by making false information. Therefore, in order to cancel the patta, the petitioner has given a representation to the third respondent on 27.12.2022. Therefore, in order to consider the said representation and to pass orders, on merits, within a time frame, the petitioner has moved the present writ petition.

4. Heard Mr.S.Vijayakumar, learned counsel appearing for the petitioner and Ms.Akila Rajendran, learned Government Advocate appearing for the official respondents. In view of the orders going to be passed in this writ petition, notice to 2/5

the fifth respondent is hereby dispensed with.

5. Learned Government Advocate appearing for the official respondents submits that, the said representation submitted by the petitioner dated 27.12.2022 would be considered and decided, on merits, by the third respondent, of course, after giving opportunity of being heard to both the petitioner as well as the fifth respondent within a time frame.

6. Considering the said submissions made by the learned Government Advocate, this Court directs the third respondent to consider the representation of the petitioner dated 27.12.2022 and pass orders thereon after giving the opportunity of being heard both to the petitioner as well as the fifth respondent within a period of six weeks from the date of receipt of a copy of this order.

7. With these directions, the writ petition is disposed of. There will be no order as to costs.

Index: Yes/No 28.02.2023 drm 3/5

To

1. The District Collector Collectorate, Cuddalore District.

2. The District Revenue Officer Cuddalore, Cuddalore District.

3. The Tahsildhar Panruti Taluk Cuddalore District.

4. The Head Surveyor Panruti Taluk Cuddalore District.

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R. SURESH KUMAR, J.

(drm) 28.02.2023 5/5