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Madras High CourtWP/6718/2024disposed of

Mani v. The District Collector

2024-03-18Honourable Mr Justice P. Velmurugan6 pages

v

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.03.2024

CORAM

THE HONOURABLE MR.JUSTICE P.VELMURUGAN Mani S/o.Kannu Pillai ... Petitioner versus 1.The District Collector Thiruvannamalai District Thiruvannamalai.

2.The Revenue Divisional Officer Cheyyar.

3.The Tahsildar Vandavasi Taluk Thiruvannamalai.

4.Amutha W/o.Nannan 5.Sivasankar S/o.Elumalai ... Respondents Pg.Nos.1/6

Writ Petition filed under Article 226 of Constitution of India, praying to issue a Writ of Mandamus, directing the second respondent to dispose the appeal preferred by the petitioner dated 05.08.2021 and subsequently, cancel the patta issued by the third respondent in Old Patta No.71, New Patta No.404 and transfer the patta by including the petitioner's name. For Petitioner :

Mr.D.Rajagopal For Respondents :

Mr.T.Arun Kumar Additional Government Pleader for R1 to R3

O R D E R

Mr.T.Arun Kumar, learned Additional Government Pleader accepts notice for the respondents 1 to 3. Since this writ petition is being disposed of without affecting the interest of the respondents 4 and 5, notice to the said respondents is dispensed with.

2. This writ petition has been filed seeking for issuance of a writ of Pg.Nos.2/6

mandamus, directing the second respondent to dispose of the representation of the petitioner dated 05.08.2021, wherein and whereby, he sought for cancellation of the Patta issued by the third respondent in Old Patta No.71, New Patta No.404 and transfer the patta by including the petitioner's name.

3. The main grievance of the petitioner is that no action has been taken on his representation. Hence, the present writ petition has been filed.

4. The learned Additional Government Pleader appearing for respondents 1 to 3 submits that the representation of the petitioner would be considered on merits and in accordance with law by the authority concerned.

5. Heard both sides and perused the materials available on record.

6. Since this writ petition is filed for Mandamus simpliciter to direct second respondent to consider the representation dated 05.08.2021 of the petitioner, this Court, without expressing any view or opinion with regard to Pg.Nos.3/6

the merits of the case, directs the second respondent to consider the said representation of the petitioner and pass appropriate orders, on merits and in accordance with law, after giving due opportunity of hearing to the petitioner as well as respondents 4 and 5 as well as rival claimants/interested parties/objectors/aggrieved parties/adjacent owners, if any. Such exercise shall be completed within a period of six weeks from the date of receipt of a copy of this order.

7. Since the representation of the petitioner is pending from 2021, the appointing authority/disciplinary authority/District Collector/Chief Secretary, Government of Tamil Nadu, as the case may be, is directed to take departmental action as against the second respondent/Revenue Divisional Officer, Cheyyar, owing to his/her lethargic attitude in disposing the representation and file action taken report before this Court within a period of three months.

Pg.Nos.4/6

8. With the above directions, the writ petition is disposed of. However, there shall be no order as to costs.

List the writ petition ''For Reporting Compliance'' on 18.06.2024. 18.03.2024 Index: Yes/No Speaking Order : Yes/No ms To 1.The District Collector Thiruvannamalai District Thiruvannamalai.

2.The Revenue Divisional Officer Cheyyar.

3.The Tahsildar Vandavasi Taluk Thiruvannamalai.

Pg.Nos.5/6

P.VELMURUGAN, J.

ms 18.03.2024 Pg.Nos.6/6