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Madras High CourtWP/32827/2013disposed of

M.P.Sambandam, v. The Commissioner,

2020-01-03Honourable Mr Justice T. S. Sivagnanam2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.01.2020

CORAM

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM W.P.No. 32827 of 2013

1. M.P.Sambandam

2. M.P.Rajamanickam

...Petitioners

-vsThe Commissioner, Cuddalore Municipality, Cuddalore.

... Respondent Petition under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus, to direct the respondent to issue patta/assessment for old T.S.No.1344/3 3450 sq.ft in Thukkaram Street, Manjakuppam, Cuddalore Town, Cuddalore Taluk, Cuddalore District, to the names of petitioners assigning a single new town Survey number by disposing of the representation of the petitioners dated 10.10.2013. For Petitioners: Mr.D.Baskar For Respondent : Mr.M.Elumalai

ORDER

Heard Mr.D.Baskar, learned counsel for the petitioners and Mr.M.Elumalai, learned Government Advocate for the respondent.

2. With consent of learned counsel on either side, the writ petition itself is taken up for final disposal.

3. The petitioners seek for a direction to consider their representation dated 10.10.2013, wherein a request has been made to enter the patta for the entire extent as found in T.S.NO.1344/3 in the name of petitioners and assign new suitable survey Numbers.

4. According to the petitioner, there is no dispute or rival claim for the property owned by them, but during sub division erroneously the name of Chakrapani was included and the said portion was surveyed as T.S.No.606/3. This according to the https://hcservices.ecourts.gov.in/hcservices/

petitioner is erroneous. In this regard, representation was submitted to the respondent on 10.10.2013, which has been received by the respondent on 15.10.2013 as per postal acknowledgement. Since, the representation was not considered, the petitioners have filed this writ petition.

5. Though the writ petition was entertained in the year 2013, till date no counter affidavit has been filed by the respondent, in any event, the representation is still pending.

6. There will be a direction to respondent to consider the petitioners' representation. In order to make the direction effective, the petitioner is directed to submit a fresh representation along with a copy of this order, the copy of the earlier representation and all records and after the same is done, the respondent shall consider the representation within a period of twelve(12) weeks from the date on which the representation is received in the office of the respondent and order to be passed on merits and in accordance with law. With the above direction, the writ petition is disposed of. No costs.

Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar mp To The Commissioner, Cuddalore Municipality, Cuddalore.

+1cc to Mr.D.Baskar, Advocate Sr.348 +1cc to the Government Pleader Sr.1005 W.P.No.32827 of 2013 vgI[co] srg 06/02/2020 https://hcservices.ecourts.gov.in/hcservices/