N.Deenan, v. The Collector,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATE: 16.04.2015
CORAM
THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN W.P.No.10882 of 2015 N.Deenan
...Petitioner
Versus
1. The Collector, office of the Collector of Tiruvallur District, Tiruvallur.
2. The Revenue Development Officer, Thiruvallur District, Thiruvallur.
3. The Tahsildhar, Thiruvalankadu, Thiruvallur District, Thiruvallur.
4. The Superintendent of Police, Thiruvallur District, Thiruvallur.
P.Adikesavalu.
...Respondents
Prayer: This Writ Petition is filed under Article 226 of the Constitution of India, seeking for a writ of mandamus, directing the 1st to 3rd respondent to cancel the patta in the name of 5th respondent and direct th 4th respondent to recover from the said property from 5th respondent and handover the same to the petitioner.
For Petitioner :
Mr.S.Ezhil Raj For Respondents :
Mr.R.Vijayakumar(for R1 to R4) Additional Government Pleader.
O R D E R
By consent, the main writ petition is taken up for final disposal.
2. The petitioner claims ownership in respect of the lands situated in Survey Nos.34/2, 35/13, 35/1, 35/8, 35/9 and 13/2 situated at Jagirmangalam Village, Thirvalangadu Firka, Tiruttani Taluk, Thiruvallur District and the properties are ancestral in nature and he is cultivating the lands. According to the petitioner by playing fraud the 5th respondent managed to obtain a patta in his name and in this regard, he has submitted an application to the 2nd respondent who has called him for an enquiry vide memo dated 11.02.2010 and according to the petitioner he has also attended the enquiry on 19.02.2010 and since, nothing had happened thereafter, came forward to file this writ petition.
3. Heard the submissions of Mr.S.Ezhil Raj, learned counsel appearing for the petitioner and Mr.R.Vijayakumar, learned Additional Government Pleader, who accepts notice for the respondents 1 to 4.
4. Though, the petitioner has prayed for a larger relief, this Court in the facts and circumstances of the case, permits the petitioner to submit one more representation to the 2nd respondent for early disposal of his petition dated 04.02.2010 and referred to in the summons vide Na.Ka.No.469/2010/A2 dated 11.02.2010 within a period of two weeks from the date of receipt of a copy of this order and on receipt of the same, the 2nd respondent is directed to consider the representation on merits and in accordance with law, after putting the 5th respondent on notice and pass orders as expeditiously as possible and not later than eight weeks, thereafter and inform the decision taken to the petitioner as well as the 5th respondent.
5. The writ petition is disposed of, accordingly. No costs.
Sd/- Assistant Registrar(R) //True Copy// Sub Assistant Registrar ars
To
1. The Collector, office of the Collector of Tiruvallur District, Tiruvallur.
2. The Revenue Development Officer, Thiruvallur District, Thiruvallur.
3. The Tahsildhar, Thiruvalankadu, Thiruvallur District, Thiruvallur.
4. The Superintendent of Police, Thiruvallur District, Thiruvallur.
1 CC to the Government Pleader, SR.No. 21125 W.P.No.10882 of 2015 CNR (CO) PSI (28.04.2015)