B.Govindaraj 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.13022 of 2015 B.Govindaraj ... Petitioner Vs.

1. The District Collector, Chennai District, Singaravelar Maligai, Chennai.

2. The Divisional Revenue Officer, Chennai District, O/o.The District Collector, Singaravelar Maligai, Chennai

3. The Tahsildar, Velacherry Taluk, Velacherry, Chennai-600 042.

... Respondents Prayer:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus to direct the respondents to dispose of the petitioner's representation dated 13.02.2015 to cancel the patta issued in the name of Mr.Sreeraj and Mrs.Sreekala and issue a patta in the name of the petitioner for the property bearing Survey No.650/2Part and 651/1Part of Velacherry Village, 10th Cross Street, Srikrishnanagar, Velacherry, Chennai-600 042 to an extent of 5394.Sq.ft.

For Petitioner : Mr.K.Balaji For Respondents : Mr.Durai Solaimalai Additional Government Pleader

O R D E R

By consent the writ petition is taken up for final disposal. 2.The petitioner claims that he is in possession of the land admeasuring to an extent of 5394 sq.ft. in Survey Nos.650/2Part and 651/1Part at 10th Cross Street, Srikrishnanagar, Velacherry, Chennai in terms of the Will as well as the orders passed by this Court on 08.06.2012 in O.P.No.743 of 2007 and without his knowledge the respondents/rival claimants by name Sreekala and Sreeraj managed to get the patta in respect of the said property and in this regard submitted a representation dated 13.02.2015 to the respondents and since he has not been favoured with any response, came forward to file this writ petition.

3.Heard the submissions of Mr.K.Balaji, learned counsel appearing for the petitioner and Mr.Durai Solaimalai, learned Additional Government Pleader appearing for the respondents. 4.This Court without going into the merits of the representation submitted by the petitioner, directs the third respondent to consider and dispose of the petitioner's representation dated 13.02.2015 after putting on notice to the rival claimants namely Sreekala and Sreeraj and pass orders within a period of 12 weeks from the date of receipt of a copy of this order and communicate the decision to the petitioner as well as to the above said persons. 5.The writ petition is disposed of accordingly. No costs. Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar dn/pri

To

1. The District Collector, Chennai District, Singaravelar Maligai, Chennai.

2. The Divisional Revenue Officer, Chennai District, O/o.The District Collector, Singaravelar Maligai, Chennai

3. The Tahsildar, Velacherry, Chennai-600 042.

+1cc to M/s.K.Balaji, Advocate, S.R.No.23769 +1cc to the Government Pleader, S.R.No.24214 W.P.No.13022 of 2015 SAI(CO) CA(25/05/2015)