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Madras High CourtWP/14748/2021disposed of

Central Government Employees Welfare v. The District Collector

2021-07-16Honourable Mr Justice V. Bharathidasan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.07.2021

CORAM

THE HONOURABLE MR.JUSTICE V. BHARATHIDASAN W.P. No.14748 of 2021 Central Government Employees Welfare Housing Organisation, (CGEWHO) rep. by is Authorized signatory, Mr. M.A.Sai Kumar, S/o. M.V.Abimanyu, office at Avadi-Poonamallee road, Phase-3, Paruthipattu, Avadi, Chennai 600 071 ... Petitioner Vs

1. The District Collector, Thiruvallur District, Thiruvallur 602 001.

2. The Revenue divisional Officer, Thiruvallur District, Thiruvallur 602 001.

3. The Special Thasildar, Avadi Poonamallee road, Avadi 600 054.

4. Devaraj ... Respondents Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents 1 to 3 to consider the representation of the petitioner dated 27.01.2020 and to cancel the patta issued in the name of Ethiraj , a dead person pertaining to the property situated in Ward No.1, Block No.84, T.S.No.92/5.

For petitioner ...

Mr. S. Thiruvengadam For respondents ...

Mr. Yogesh Kannadasan, Government Advocate for R1 to R3

ORDER

This writ petition has been filed seeking a direction to the 2nd respondent to consider the petitioner's representation dated 27.01.2020.

2. According to the petitioner, they are the owner of the property in Survey No.92/5, Paruthipattu village, Avadi, which is a Central Government Employees Welfare Housing Organisation. According to the petitioner, without notice to the petitioner, a patta has been granted in favour of one Ethiraj, who is the father of the 4th respondent. Immediately, the petitioner has approached the respondents, more specifically to the 2nd respondent, to cancel the patta granted in favour of the said Ethiraj and restore the same. But, no order has been passed so far. Hence, the present writ petition has been filed.

3. In view of the nature of the order going to be passed in the writ petition, which no way prejudice the interest of the 4th respondent, notice to the 4th respondent is dispensed with.

4. Heard the learned counsel for the petitioner and the learned Government Advocate appearing for the respondents 1 to 3.

5. Considering the facts and circumstances of the case and limited prayer sought for in the writ petition, and the petitioner's representation dated 27.01.2020 is pending with the 2nd respondent/Revenue Divisional Officer, without going into the merits of the case, the 2nd respondent is directed to consider the petitioner's representation dated 27.01.2020 and pass suitable orders, on merits and in accordance with law, after giving opportunity to the petitioner as well as the 4th respondent, within a period of twelve (12) weeks from the date of receipt of a copy of this order.

6. With the above directions, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar mrp

To

1. The District Collector, Thiruvallur District, Thiruvallur 602 001.

2. The Revenue divisional Officer, Thiruvallur District, Thiruvallur 602 001.

3. The Special Thasildar, Avadi Poonamallee road, Avadi 600 054.

W.P. No.14748 of 2021 AK(CO) CT/25/08/2021