K.Baburaja v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.04.2015

CORAM

THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN W.P.No.12969 of 2015 And M.P.No.1 of 2015 K.Baburaja ... Petitioner Vs.

1.The District Collector Thiruvallur District Office of the Collectorate Thiruvallur.

2.The Revenue Divisional Officer Ponneri Division, Ponneri Taluk 3.The Thasildar Gummidipoondi Taluk 4.Thiru.S.Venkaraja ... Respondents Prayer:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus to direct the second respondent to pass appropriate orders upon the enquiry conducted by him on the notice issued in Na.Ka.No.3634/2013/A 3, dated 16.08.2013, 13.05.2014 and 17.10.2014 within a period of one month.

For Petitioner : Mr.M.L.Ramesh For Respondent : Mr.V.Subbiah for R1 to R3 Special Government Pleader

O R D E R

By consent the writ petition is taken up for final disposal. 2.The petitioner claims that his father is the owner of the land admeasuring to an extent of 62.77 ares in Kankallur @ Kallur Village, Gummidipoondi Taluk, Thiruvallur District. The revenue records also

reflected the name of his father. The petitioner would further state that his father died intestate on 27.02.2009 and petitioner and his brother has succeeded to his estate and the fourth respondent with the connivance of the Revenue Officials, manipulated the revenue records and deleted the name of the owners in Patta, Chitta and Adangal and managed to include his name and in this regard, petitioner lodged a complaint on the file of the third respondent and Tahsildar has also given a report opining that there is manipulation of the revenue records. The second respondent in spite of the receipt of the report from the third respondent did not pass any orders and hence the petitioner came forward to file this writ petition.

3.Heard the submissions of Mr.M.L.Ramesh, learned counsel appearing for the petitioner and Mr.V.Subbiah, learned Special Government Pleader who accepts notice for the respondents 1 to 3. 4.This Court without going into the merits of the claim projected by the petitioner directs the second respondent to consider and dispose of the petitioner's representation dated 18.02.2015 in accordance with law by taking into consideration the letter of the Additional P.A. to the District Collector, Thiruvallur in O.Mu.4394/2015/A3 dated 05.03.2015 after putting on notice to the fourth respondent and pass orders within a period twelve weeks from the date of receipt of a copy of this order and communicate the decision to the petitioner as well as to the fourth respondent. 5.The writ petition is disposed of accordingly. No costs. Consequently, the connected miscellaneous petition is also closed. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar pri To 1.The District Collector Thiruvallur District Office of the Collectorate Thiruvallur.

2.The Revenue Divisional Officer Ponneri Division, Ponneri Taluk

3.The Thasildar Gummidipoondi Taluk 1 cc to Mr.M.L.Ramesh ,Advocate, SR.No.23875 1 cc to Government Pleader,Sr.No24263 W.P.No.12969 of 2015 And M.P.No.1 of 2015 CA(CO) PMK.6.5.2015