Kumaresh Gettamaneni v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 11.02.2015

CORAM

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM W.P.No.31992 of 2014 and M.P.Nos.1 and 2 of 2014 1.Kumaresh Gettameneni No.7012, LEE Street, Wellington, Colorado- 80549 USA

2. Rep by his Power Agent G.Jagannathan G.Jagannathan, Power Agent Prabudarshan Door No.1, 3rd cross Street, Sylvan Lodge Colony, Kilpauk, Chennai - 600 010

...Petitioners

Vs

1. The District Collector, Thiruvallur District, Thiruvallur

2. The Revenue Divisional officer, Ponneri Taluk, Ponneri

3. The Tahsildar, Ponneri Taluk, Ponneri, Thiruvallur District

4. The Sub Registrar, Ponneri, Thiruvallur District ..Respondents Prayer : Writ Petition has been filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus calling for the records relating to the impugned order made in Na.Ka.No.5004/2010/A1 dated 25.02.2014 passed by the Tahsildar, Ponneri Taluk, the 3rd respondent herein and quash the same and consequently direct the Sub Registrar, Ponneri, the 4th respondent herein to register the document in respect of land comprised in old survey no.117.1A and New Survey No.117/1A1A2 situated at Old No.113, Thiruvenkatapuram Village, Hamlet of new no.58, Thadaperumbakkam Group-1, Revenue Village, Ponneri Taluk, Tiruvallur District, Ponneri Sub Registration District, North Chennai Registration district.

For Petitioners :Mr.V.Chandrakanthan For Respondents :Mr.V.Jayaprakash Narayanan Special Government Pleader for R1 to R4

O R D E R

Heard Mr.V.Chandrakanthan, learned counsel appearing for the petitioners and Mr.V.Jayaprakash Narayanan, learned Special Government Pleader appearing for the respondents.

2. The petitioner seeks for the Writ of Mandamus to quash the order passed by the Tahsildar, Ponneri dated 25.02.2014 and to direct the Sub-Registrar,Ponneri to register the documents in respect of the lands comprised in old survey no.117.1A and New Survey No.117/1A1A2 situated at Old No.113, Thiruvenkatapuram Village, Hamlet of new no.58, Thadaperumbakkam Group-1, Revenue Village, Ponneri Taluk, Tiruvallur District, Ponneri Sub Registration District, North Chennai Registration district.

3.The petitioner would state that the impugned order has been passed in total violation of principles of natural justice and without notice to the petitioner. In the course of the arguments, the learned counsel for the petitioner submitted that though the petitioner has sought for Writ of Certiorarified Mandamus to quash the order passed by the Tahsildar dated 25.02.2014, now, the issue is pending before the District Collector, Thiruvallur and the petitioner has submitted the representation dated 20.10.2014 and the same is pending before the District Collector, Thiruvallur and no orders have been passed. It is submitted that if the District Collector, Thiruvallur is directed to consider the representation dated 20.10.2014, after notice to the petitioner, the entire issue would come to rest.

4. The learned Special Government Pleader appearing for the respondents submitted that sufficient time may be granted to the District Collector, Thiruvallur to consider the representation of the petitioner.

5. In the light of the above, without going to the petitioner's contention, this Writ Petition is disposed of by directing the first respondent to consider the representation dated 20.10.2014 after issuing notice to the petitioner and after affording opportunity of personal hearing and such order shall be passed within a period of eight weeks after conclusion of personal hearing. Consequently, connected miscellaneous petitions are closed. No costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar ssd To

1. The District Collector, Thiruvallur District, Thiruvallur

2. The Revenue Divisional officer, Ponneri Taluk, Ponneri

3. The Tahsildar, Ponneri Taluk, Ponneri, Thiruvallur District

4. The Sub Registrar, Ponneri, Thiruvallur District.

1 cc to Mr.V.Chandrakanthan ,Advocate, SR.No.7380 1 cc to Government Pleader,Sr.No7662 W.P.No.31992 of 2014 and M.P.Nos.1 and 2 of 2014 ev(co) pmk.23.2.2015