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Madras High CourtWP/1293/2015disposed of

C.Thanumani v. The District Collector

2016-11-07Honourable Mr Justice B. Rajendran3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.11.2016

CORAM:

THE HONOURABLE MR.JUSTICE B.RAJENDRAN Writ Petition Nos.1293 of 2015 & 23862 of 2014 and M.P.No.1 of 2014 C.Thanumani .. Petitioner in both the WPs - Vs -

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

.. Respondent in both the WPs

2. The District Revenue Officer, Collectorate, Kancheepuram.

.. Respondent in both the WPs

3. Revenue Divisional Officer, Sub Collector Office, Chengulpet, Kancheepuram District.

.. Respondent in both the WPs

4. The Tahsildar Taluk Office, Thiruporur, Kancheepuram District.

.. Respondent in both the WPs

5. Perumal .. Respondent in W.P.23862/14

6. Yasodha .. Respondent in W.P.23862/14 Prayer in W.P.No.1293 of 2015:- Writ petition filed under Section 226 of the Constitution of India for issuance of a Writ of Mandamus directing the 1st respondent to enquire the matter and to take criminal and departmental action against the revenue officials responsible for making unauthorized and unlawful wrong entries in the revenue records by changing the name of the petitioner's father and by including the names of thrid parties by creating a false revenue patta transfer and changing the extent of land in the computer patta as 2.27.0 instead of 2.95.5 hectares of the petitioner's land in survey number 181/1A2A1 in Patta No.202 in Thiruporur village, Chengulpet Taluk and for acting in connivance with the illegal land grabbers and for abetting them and to further direct the erring revenue officials to pay damages to the petitioner for the wrongful loss and mental agony underwent by him.

Prayer in W.P.No.23862 of 2014:- Writ petition filed under Section 226 of the Constitution of India for issuance of a Writ of Mandamus directing the 1st and 2nd respondent to pass an order to delete the names of the 5th and 6th respondent in Patta No.202 for the survey number 181/1A2A1 for an extent of 2.95.5 hectares in Thiruporur Village, in pursuance of the reports filed by the 3rd respondent in Na.Ka.No.4858/2009 A dated 4.2.2013 and the 4th respondent in Na.Ka.No.6404/2012/A2 dated 6.11.2012.

For Petitioner :Mr. C.Thanumani Party-in-person For Respondents : Mr.A.N.Thambidurai Additional Government Pleader C O M M O N O R D E R Both the writ petitions are heard together and they are disposed of by means of this common order.

2. Today, when the matter was taken up, the learned Special Government Pleader would state on instructions that the DRO has already taken necessary steps to take for enquiry the deletion of the names in the UDR patta and consequently grant patta in favour of the original owner. The only difficulty they express is that in spite of two notices to the petitioner, he has not appeared for enquiry citing that the present writ petitions are pending.

3. The party-in-person is present before this Court and he would state that because of the pendency of the writ petitions he did not appear before the D.R.O.

4. In view of the above, the writ petitions are disposed of directing the District Revenue Officer, Kancheepuram to consider the application for patta after issuing appropriate notice for appearance of the petitioner as well as the parties concerned and on such appearance, after hearing the parties concerned, shall pass appropriate orders on merits and in accordance with law within a period of six weeks thereafter. Consequently, the connected miscellaneous petition is closed. No costs.

Sd/- Asst.Registrar (J) /true copy/ Sub Asst. Registrar kk

To

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

2. The District Revenue Officer, Collectorate, Kancheepuram.

3. Revenue Divisional Officer, Sub Collector Office, Chengulpet, Kancheepuram District.

4. The Tahsildar Taluk Office, Thiruporur, Kancheepuram District.

2 ccs to Government Pleader, Sr. 63940, 63941 5 ccs to Mr.C. Thanumani, Sr. 64060, 63593 W.P.Nos.1293 of 2015 & 23862 of 2014 and M.P.No.1 of 2014 AK (CO) kk 9/12