Madras High CourtWP/9911/2017disposed of

M.K.Subramanian v. The State By

2017-04-21Honourable Mr Justice M.Duraiswamy3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.04.2017

CORAM

The Honourable MR. JUSTICE M.DURAISWAMY W.P.No.9911 of 2017 M.K.Subramanian

...Petitioner

1 The District Collector Vellore 2 The Tahsildar Arakkonam Vellore District 3 Pichaiammal 4 Velayutham 5 Krishnan ... Respondents Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of Mandamus, directing the 2nd respondent to consider the petitioner's representation dated 27.03.2017 to issue patta in favour of petitioner in respect of survey numbers, viz., (i) 648/20 to the extent of 0.34 cents;

(ii) 648/21 Well, Well Mound;

(iii) 648/29 extent of 0.38 cents;

(iv) 648/30 extent of 0.18 cents; and (v) 69/1 measuring 0.41 cents.

For Petitioner : Mr.C.Chokkalingam For Respondents : Mr.A.N.Thambidurai Spl. Govt. Pleader - for R1 & R2

ORDER

The petitioner has filed the above writ petition to issue a Writ of Mandamus directing the 2nd respondent to consider his representation dated 27.03.2017 to issue patta in his favour in respect of survey numbers, viz., (i) 648/20 to the extent of 0.34 cents;

(ii) 648/21 Well, Well Mound;

(iii) 648/29 extent of 0.38 cents;

(iv) 648/30 extent of 0.18 cents; and (v) 69/1 measuring 0.41 cents.

2. The learned counsel appearing for the petitioner submitted that in spite of the petitioner's representation dated 27.03.2017, the 2nd respondent has not passed any orders so far.

3. Mr.A.N.Thambidurai , learned Special Government Pleader taking notice for the respondents 1 and 2, submitted that the 2nd respondent may be directed to consider the petitioner's representation, in accordance with law, after giving notice to the respondents 3 to 5. Further, the learned Special Government Pleader submitted that the petitioner may be directed to pay the requisite fees for the issuance of the patta.

4. Having regard to the submissions made by the learned counsel on either side and also taking into consideration the limited prayer sought for by the petitioner, without expressing any opinion with regard to the merits of the case, I direct the 2nd respondent to consider the petitioner's representation dated 27.03.2017 and pass orders, after giving notice to the respondents 3 to 5, on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order. The petitioner shall also pay the requisite fees before the 2nd respondent for the issuance of the patta prior to the consideration of his representation. With these observations, the writ petition is disposed of. No costs.

-s/dAssistant Registrar(CSVI) True Copy Sub-Assistant Registrar Rj To 1 The District Collector Vellore 2 The Tahsildar Arakkonam Vellore District

+1 cc to Mr.Chockalingam Advocate sr 24184 +1 cc to the Government Pleader sr 24687 W.P.No.9911 of 2017 mg(co) aa26/04