Madras High CourtWP/4828/2024disposed of

Narasimmalu v. The Collector

2024-02-28Honourable Mr Justice P. Velmurugan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.02.2024

CORAM

THE HONOURABLE MR.JUSTICE P.VELMURUGAN Narasimmalu ... Petitioner versus 1.The Collector, O/o.Collectorate Office, Ranipet District.

2.The Revenue Divisional Officer, Arakkonam, Ranipet District.

3.The Tahsildar, Nemili, Ranipet District.

4.Venkatesan 5.Babu 6.Chakkaravarthy 7.Rani 8.Bapitha 9.Ramya 10.Varalakshmi 11.Lokesh 12.Suriya 13.Rabi .....Respondents Pg.Nos.1/6

Writ Petition filed under Article 226 of Constitution of India, praying to issue a Writ of Mandamus, directing the respondents herein to consider the representation of the petitioner dated 28.1.2024 with regard to cancellation of the Patta issued by the 2nd and 3rd respondents herein in favour of respondents 4 to 13 herein in respect of properties viz., (1) Punja S.F.No.227/2, measuring 0.91 cents; (2) Punja S.F.No.226/16B, measuring 0.62 cents; (3) S.F.No.226/15B measuring 0.18 cents; (4) Punja S.F.No.227/1A measuring 0.02 1/2 cents (5) Punja S.F.No.227/1C measuring 0.02 1/2 cents and (6) Punja S.F.No.224/10 measuring 0.20 cents situated in Sayanapuram Village, Nemili Taluk, Ranipet District. For Petitioner :

Mr.K.Jayaraman For Respondents :

Mr.T.Arun Kumar Additional Government Pleader for R1 to R3

O R D E R

Mr.T.Arun Kumar, learned Additional Government Pleader accepts notice for respondents 1 to 3. Since this writ petition is being disposed of without passing any adverse orders against respondents 4 to 13 affecting their interest, notice to those respondents is dispensed with.

2. This writ petition has been filed seeking for issuance of a writ of Pg.Nos.2/6

mandamus directing the respondents to consider the representation of the petitioner dated 28.1.2024, in and by which, he sought to cancel the Patta issued by respondents 2 and 3 herein in favour of respondents 4 to 13 herein in respect of the properties viz., (1) Punja S.F.No.227/2, measuring 0.91 cents; (2) Punja S.F.No.226/16B, measuring 0.62 cents; (3) S.F.No.226/15B measuring 0.18 cents; (4) Punja S.F.No.227/1A measuring 0.02 1/2 cents

(5) Punja S.F.No.227/1C measuring 0.02 1/2 cents and (6) Punja S.F.No.224/10 measuring 0.20 cents situated in Sayanapuram Village, Nemili Taluk, Ranipet District.

3. The main grievance of the petitioner is that even though he has given a representation on 28.01.2024, till date the respondents have not taken any action on the said application.

4. The learned Additional Government Pleader appearing for respondents 1 to 3 submitted that the representation of the petitioner would be considered in accordance with law.

5. Heard both sides.

Pg.Nos.3/6

6. Since this Writ Petition is only for a mandamus simpliciter to consider the representation of the petitioner, this Court, without expressing any view or opinion with regard to the merits of the case, directs the third respondent to consider the representation of the petitioner dated 28.01.2024 and pass appropriate orders on merits and in accordance with law, after affording due opportunity of hearing to the petitioner and respondents 4 to 13 herein as well as the rival claimants/interested parties/objectors/ adjacent owners of four boundaries of the subject property/aggrieved parties if any, as the case may be. Such exercise shall be completed within the stipulated time as stated in Circular No.R1/2005632/2022, dated 17.07.2023 issued by the Commissioner of Land Administration.

7. With the above directions, this Writ Petition is disposed of. There shall be no order as to costs.

28.02.2024 Index: Yes/No Speaking Order : Yes/No ms Pg.Nos.4/6

To 1.The Collector, O/o.Collectorate Office, Ranipet District.

2.The Revenue Divisional Officer, Arakkonam, Ranipet District.

3.The Tahsildar, Nemili, Ranipet District.

Pg.Nos.5/6

P.VELMURUGAN, J.

ms 28.02.2024 Pg.Nos.6/6