Mrs.A.Jayashreebai, v. The District Collector,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 29.11.2017
CORAM
THE HONOURABLE MR.JUSTICE K.RAVICHANDRABAABU Writ Petition No.30875 of 2017 A.Jayashreebai ... Petitioner Vs.
1.The District Collector, Vellore District, Vellore.
2. The Commissioner, Arcot Municipality, Arcot, Vellore District.
3. The Tahsildar, Arcot Taluk, Vellore District.
4. The District Registrar, Arakonam, Vellore District.
5. The Sub-Registrar, Arcot, Vellore District.
.. Respondents Prayer:
Writ petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus to direct the first respondent to consider the representation of the petitioner dated 22.05.2017 for issue of patta by the third respondent in favour of the petitioner in respect of the patta land comprised in T.S.No.69, Block No.31, "A" Ward situate at Arcot Town and Taluk, Vellore District instead of "rural road"and consequently direct the second respondent to dismantle the rural road laid by them in the property of the petitioner and also to direct the fourth respondent to register the settlement deed presented by the petitioner and to release the same to the petitioner forthwith.
For Petitioners : Mrs.S.Hemalatha For Respondents : Mr.P.V.Selvakumar Additional Government Pleader
O R D E R
Mr.P.V.Selvakumar, learned Additional Government Pleader takes notice for the respondents. By consent of the parties, the main writ petition is taken up for final disposal at the admission stage itself.
2. Though this writ petition is filed for a larger relief, the learned counsel for the petitioner submitted that suffice if a direction is issued to the third respondent, Tahsildar to consider the petitioner's representation dated 22.05.2015 and pass orders on the same on merits and in accordance with law, after hearing all the parties concerned.
3. The grievance of the petitioner is that though she is the owner of the property in dispute and holding patta in her name, the revenue records were wrongly mutated as though it is a rural road. Therefore, she made the above representation to the third respondent and the said representation is yet to be still pending.
4. This Court, at this stage, is not expressing any view on the merits of the claim made by the petitioner as it is for the third respondent to consider and decide after hearing all the parties concerned.
Therefore, this writ petition is disposed of only by issuing a direction to the third respondent to consider the representation of the petitioner and pass orders on the same on merits and in accordance with law after hearing the petitioner as well as the second respondent and the other interested parties, if any. Such exercise shall be done by the third respondent within a period of eight weeks from the date of receipt of a copy of this order. No costs.
Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar vsi
To 1.The District Collector, Vellore District, Vellore.
2. The Commissioner, Arcot Municipality, Arcot, Vellore District.
3. The Tahsildar, Arcot Taluk, Vellore District.
4. The District Registrar, Arakonam, Vellore District.
5. The Sub-Registrar, Arcot, Vellore District.
+1cc to the Government Pleader, S.R.No.85404 W.P. No.30875 of 2017 GJ(CO) RRK(12/12/2017)