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Madras High CourtWP/12810/2015disposed of

M.Vasudevan, v. The District Collector

2015-04-28Honourable Mr Justice M. Sathyanarayanan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.04.2015

CORAM:

THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN W.P.No.12810 of 2015 M.Vasudevan .. Petitioner - Vs -

1. The District Collector, Collector's Office, Kancheepuram.

2. The District Revenue Officer, Collector's Office, Kancheepuram.

3. The Revenue Divisional Officer, Kancheepuram.

4. The Tahsildar, Uthiramerur Taluk, Kancheepuram District.

5. Selvi Vijayalakshmi

6. Thooyamani

7. Navamani

8. Manoharan

9. Perinban .. Respondents Prayer:- Writ Petition has been filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus directing the 2nd respondent to consider petitioner's representation dated 12.03.2013 and 26.07.2013 given to the 3rd respondent and pass appropriate order to include petitioner's land comprised in Survey No.210/1B-36 cents, 13 cents in Survey No.211/1 and 3 cents in Survey No.212/4 in petitioner's patta No.402 situated at Anumanthadalam Village, Uthiramerur Taluk, Kancheepuram District within a time frame. For Petitioner : Mr.C.R.Sureshkumar For Respondents 1to4 : Mr.M.Dig Vijaya Pandian Additional Government Pleader

O R D E R

By consent, the writ petition is take up for final disposal.

2. The petitioner claims that he own lands ad measuring 13 cents comprised in Survey No.211/1, 3 cents in Survey No.212/4 and 36 cents in Survey No.210/1B and some other lands situated at Anumanthadalam Village, Uthiramerur Taluk, Kancheepuram District and after family partition he was given share as per 'D' schedule property by registered partition deed dated 19.11.2009, in Document No.4380 of 2009 in the S.R.O. Uthiramerur. The petitioner would state that after the partition, he applied for transfer of patta in his name to the Revenue authorities and to his shock and surprise, the said land has been wrongly indicted as UDR Patta No.311 in the joint names of respondents 5 to 9. The petitioner approached the authorities to rectify the said mistake and enquiry was also conducted by the authorities. Since nothing had been done to rectify the mistake, the petitioner through his lawyer sent a legal notice dated 11.02.2015 to the second respondent and the same was also acknowledged. Since he has not been favoured with any response, came forward with this writ petition.

3. Heard Mr.C.R.Sureshkumar learned counsel appearing for the petitioner and Mr.M.Dig Vijaya Pandian, learned Additional Government Pleader accepts notice for respondents 1 to 4.

4. This Court without going into the merits of the case as projected by the petitioner, directs the second respondent to consider the legal notice dated 11.02.2015, sent on behalf of the petitioner, as the representation of the petitioner, on merits and in accordance with law after putting on notice the respondents 5 to 9 and pass orders as expeditiously as possible, not later than twelve weeks from the date of receipt of a copy of this order and communicate the decision taken, to the petitioner as well as the respondents 5 to 9. This writ petition is disposed of accordingly. No costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar kk

To

1. The District Collector, Collector's Office, Kancheepuram.

2. The District Revenue Officer, Collector's Office, Kancheepuram.

3. The Revenue Divisional Officer, Kancheepuram.

4. The Tahsildar, Uthiramerur Taluk, Kancheepuram District.

1 cc to Government Pleader,Sr.No23730 1 cc to Mr. C.R.Suresh Kumar,Advocate, SR.No.23442 W.P.No.12810 of 2015 jp(co) pmk.21.5.2015