Mr.Muthumani @ John Muthumani v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 28.04.2015
CORAM:
THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN W.P.No.12811 of 2015 Muthumani @ John Muthumani .. Petitioner - Vs -
1. The District Collector, Collector's Office compound, Thiruvallur, Thiruvallur District.
2. The Revenue Divisional Officer, Ambattur, Tiruvallur District.
3. The Tahsildar, Madhavaram Taluk, Chennai - 600 060.
4. The Deputy Tahsildar (Land), Madhavaram, Chennai - 600 060.
5. Mary Selvam
6. Lily Rachel
7. Glory Nesamani
8. John David
9. Florence Jayaseely
10. John Wilson
11. Johnson
12. Mercy Ilda
13. John Victor
14. Thirinathakumari .. 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 conduct enquiry based on petitioner's letter dated 03.10.2013 and consequently direct the 2nd respondent to cancel the forged patta No.11594 of 2009 and 12624 of 2009 in the name of the respondents 5-14.
For Petitioner : Mr.M.Vijay Anand for M/s.Sree Sun Associates For Respondents 1to4 : Mr.R.Vijayakumar Additional Government Pleader
O R D E R
By consent, the writ petition is take up for final disposal.
2. The petitioner filed an application for survey/measuring the land ad measuring an extent of 22 cents in Survey No.450/3 Puzhal Village, Madhavaram Taluk, Thiruvallur District and since it was not disposed of, he filed a writ petition in W.P.No.28739 of 2013 and this Court by an order dated 21.11.2013, directed the third respondent viz., the Tahsildar, Madavaram Taluk to consider and dispose of the petitioner's application dated 25.09.2013 on merits and as per law. The third respondent in compliance of the order, has communicated vide his proceedings in Na.Ka.No.1952/2014/A-1 dated 05.12.2014, stating among other things that the relevant files are in the custody of the Revenue Divisional Officer, Ambattur and on receipt of the same, further proceedings can be taken to measure the lands. The petitioner aggrieved by the inaction on the part of the respondents to comply with his request for measuring the land has came forward with this writ petition.
3. Heard Mr.M.Vijay Anand learned counsel appearing for the petitioner and Mr.R.Vijayakumar, learned Additional Government Pleader accepts notice for respondents 1 to 4.
4. This Court without going into the merits of the case, directs the second respondent to forward his report in connection with the filed in No.3941/2013/A2 to the third respondent within a period of six weeks from the date of receipt of a copy of this order and the third respondent on receipt of the same, is directed to consider the claim of the petitioner on merits and in accordance with law after putting on notice the respondents 5 to 14 and pass orders as expeditiously as possible, not later than twelve weeks thereafter and communicate the decision taken, to the petitioner as well as the respondents 5 to 14. 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 compound, Thiruvallur, Thiruvallur District.
2. The Revenue Divisional Officer, Ambattur, Tiruvallur District.
3. The Tahsildar, Madhavaram Taluk, Chennai - 600 060.
4. The Deputy Tahsildar (Land), Madhavaram, Chennai - 600 060.
+ 1 cc to Mr.M.Vijay Anand, Advocate SR.23513 + 1 cc Government Pleader Sr.23740 MP(CO) EU 21.05.2015 W.P.No.12811 of 2015