G.Veerasamy v. The Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.10.2018

CORAM

THE HONOURABLE Mr.JUSTICE V.BHARATHIDASAN W.P.No.28083 of 2015 G.Veerasamy ... Petitioner ..Vs..

1.The Collector, Office of the Collectorate Kancheepuram, Kancheepuram District.

2.Revenue Divisional Officer, Chengleput, Kancheepuram District.

3.The Thasildhar, Thirukazhukundram, Kancheepuram District.

4.The President, Panchayat Board, Thirukazhukundram, Kancheepuram District.

5.The Executive Officer, Town Panchayat, Thirukazhukundram, Kancheepuram District.

... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying to issue Writ of Mandamus directing the respondents to restore the original status of the petitioners property by allowing the rain water to the kuttai and lead to the Sanguthirtham Tank, and to close the channel taken through the property of the petitioner under S.No.28/1-A and 28/1-D of the Thirukkalukundram Village, Kancheepuram District by the respondent.

For Petitioner : Mr.L.J. Krishnamurthy For Respondents : Mr.A.N.Thambidurai, Special Government Pleader for R1 to R3

O R D E R

Earlier this Court by an order dated 21.08.2018 directed the Revenue Divisional Officer to conduct enquiry on the petitioner's representation and file a report.

2. Today when the matter is taken up for hearing, the learned Special Government Pleader, appearing for the respondents submitted that already the Revenue Divisional Officer has rejected the petitioner's request, however, directed the Tahsildhar to conduct proper enquiry on the application for transfer of Patta.

3.The learned counsel appearing for the petitioner submitted that he will make necessary application for transfer of Patta.

4. In the said circumstances, the petitioner is directed to file an application for transfer of Patta within two weeks from the receipt of a copy of this order, and on receipt of such application, the Thasildhar, Thirukazhukundram is directed to conduct enquiry and pass suitable orders on merits and in accordance with law, after giving a reasonable opportunity to the petitioner as well as the other interested persons, within four weeks thereafter.

5.With the above directions, the writ petition is disposed of. No costs.

Sd/- Assistant Registrar(CS-9) //True Copy// Sub Assistant Registrar mrp/mbi

To 1.The Collector, Office of the Collectorate Kancheepuram, Kancheepuram District.

2.Revenue Divisional Officer, Chengleput, Kancheepuram District.

3.The Thasildhar, Thirukazhukundram, Kancheepuram District.

4.The President, Panchayat Board, Thirukazhukundram, Kancheepuram District.

5.The Executive Officer, Town Panchayat, Thirukazhukundram, Kancheepuram District.

+1cc to Mr.R.Ravi chandran, Advocate SR.NO..70037/18 +1cc to Government Pleader SR.NO..60598/18 W.P.No.28083 of 2015 PRS(CO) KAK(29/11/2017)