N.K.Kalilingan, v. The Commissioner,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.03.2018

CORAM

THE HONOURABLE MR.JUSTICE K.RAVICHANDRABAABU W.P.Nos.5899, 5900 & 5935 of 2018 N.K.Kalilingam S/o.Late Kollaikaran @ Linga Gounder .. Petitioner (in WP.No.5899 of 2018) N.K.Vijayalingam S/o.Late Kollaikaran @ Linga Gounder .. Petitioner (in WP.No.5900 of 2018) N.K.Vaithyalingam S/o.Late Kollaikaran @ Linga Gounder .. Petitioner (in WP.No.5935 of 2018) Vs.

1.The Commissioner Survey & Settlement Department Chepauk, Chennai-600 005.

2.The Assistant Settlement Officer (North) Survey & Settlement Office Chepauk, Chennai-600 005.

3.The Special Tahsildar Town Settlement, Thrupathur Addl. In-charge Yelagiri Hills Athnavur, Thirupathur, Vellore District.

... Respondents (in WP.Nos.5899, 5900 & 5935 of 2018) Writ petitions filed under Article 226 of the Constitution of India praying for issuance of a Writ of mandamus, directing the 2nd respondent to consider the petitioners' representation dated 23.02.2018, which is given to issue Patta in their favour for Survey No.150 with an extent of 2.00 acres, 4.00 acres and 4.25 acres respectively, situated at Nilavur Village, Athanavur Madura, Yelagiri Hills, Thirupathur Taluk, Vellore District.

For Petitioner: Mr.R.Prabudoss (in WP.Nos.5899, 5900 & 5935 of 2018) For Respondents: Mr.R.Govindasamy Special Government Pleader (in WP.Nos.5899, 5900 & 5935 of 2018) C O M M O N O R D E R Mr.R.Govindasamy, learned Special Government Pleader takes notice for the respondents. By consent of the parties, these main writ petitions are taken up for final disposal at the admission stage themselves.

2. The petitioners seek for a mandamus directing the second respondent to consider their representations dated 23.02.2018, wherein and whereby, they sought for issuance of Patta in their favour in respect of the property in Survey No.150 measuring to an extent of 2.00 acres, 4.00 acres and 4.25 acres respectively, situated at Nilavur Village, Athanavur Madura, Yelagiri Hills, Thirupathur Taluk, Vellore District.

3. Heard both sides.

4. This Court, at this stage, is not expressing any view on the merits of the claim made by the petitioners, as it is for the second respondent to consider and decide the same on merits and in accordance with law. Accordingly, these writ petitions are disposed of, only by directing the third respondent to consider the representations of the petitioners dated 23.02.2018 and pass orders on the same on merits and in accordance with law, after hearing the petitioners and other interested parties, if any. Such exercise shall be done by the third respondent within a period of twelve weeks from the date of receipt of a copy of this order. No costs.

Sd/- Asst.Registrar (CS IX) /true copy/ Sub Asst. Registrar mk

To 1.The Commissioner Survey & Settlement Department Chepauk, Chennai-600 005.

2.The Assistant Settlement Officer (North) Survey & Settlement Office Chepauk, Chennai-600 005.

3.The Special Tahsildar Town Settlement, Thrupathur Addl. In-charge Yelagiri Hills Athnavur, Thirupathur, Vellore District.

+ 3 cc to Mr.R.Prabudoss Advocate,SR.20180 + 1 cc to The Govt.Pleader, SR.20470 W.P.Nos.5899, 5900 & 5935 of 2018 nr 19/03/2018