N.Periyasamy, v. The District Revenue Officer,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATE: 28.04.2015
CORAM
THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN W.P.No.12690 of 2015 and M.P.No.1 of 2015 N.Periyasamy .. Petitioner
Versus
1 The District Revenue Officer Office of Collector Kanchipuram District.
2 The Thasildar Thirukalukundram Kanchipuram District.
3 Pushpa W/o. Ramachandra Raju No.15 P.V.Cherian Road Egmore Chennai-8.
.. Respondents Prayer: This Writ Petition is filed under Article 226 of the Constitution of India, seeking for a writ of mandamus, directing the 1st respondent to pass orders on the recommendation of the 2nd respondent by his proceedings in Na.Ka.No.4618/2010/A1 dated 09.07.2011 and issue patta in the name of the petitioner. For Petitioner : Mr.A.Sundaravadhanan For Respondents : Mr.R.A.S.Senthilvel (for R1 and R2) Additional Government Pleader
O R D E R
By consent, the main writ petition is taken up for final disposal.
2. The petitioner claims that his wife had purchased landed property admeasuring to an extent of 0.7 1⁄4 cents in Survey No.123 at Mahabalipuram Village, by means of two separate registered sale deeds dated 14.07.1983 and subsequently, put up a superstructure and obtained electricity service connection and water connection for the
said property and the petitioner would further state that after the demise of his wife, he applied for change of patta and later on came to know that the patta No.402, stood in the name of the 3rd respondent and the petitioner pointing out the said infirmity submitted a representation dated 27.03.2015 to the 1st respondent and since, he has not been favoured with any response, came forward to file this writ petition.
3. The learned counsel for the petitioner would submit that a positive recommendation has also been made by the 2nd respondent vide proceedings in Na.Ka.No.4618/2010/A1 dated 09.07.2011 and in the light of the same, appropriate orders may be passed.
4. This Court heard the submissions of Mr.R.A.S.Senthilvel, learned Additional Government Pleader, who accepts notice for the respondents 1 and 2.
5. Though the petitioner has sought for a larger relief, in the facts and circumstances of this case and without going into the merits of the representation, this Court, directs the 1st respondent to consider the representation dated 27.03.2015, submitted by the petitioner, on merits and in accordance with law, after taking into consideration the recommendation of the 2nd respondent in Na.Ka.No.4618/2010/A1 dated 09.07.2011 and after putting the 3rd respondent on notice and pass orders, as expeditiously as possible and not later than twelve weeks from the date of receipt of a copy of this order and inform the decision taken to the petitioner as well as to the 3rd respondent.
6 . The writ petition is disposed of, accordingly. No costs. Consequently, the connected Miscellaneous Petition is closed. ars -s/d- Assistant Registrar(CS-II) True Copy Sub-Assistant Registrar To 1 The District Revenue Officer Office of Collector Kanchipuram District.
2 The Thasildar Thirukalukundram Kanchipuram District.
+ 1 cc to the Govt.Pleader, High Court, Madras SR 23734 + 1 cc to Mr.A.Sundaravadhanan, Advocate SR 23836 mp(co) prk14/5 W.P.No.12690 of 2015