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Madras High CourtWP/13888/2015disposed of

M.Natarajan, S/O Mahadevan, v. The District Collector,

2015-06-01Honourable Mr Justice M. Sathyanarayanan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATE: 01.06.2015

CORAM

THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN W.P.No.13888 of 2015 M.Natarajan .. Petitioner

Versus

1. The District Collector Vellore District Vellore 2 The District Revenue Officer Vellore District Vellore 3 The Thasildhar Gudiyattam Taluk Vellore District 4 The Village Administrative Officer Senkundram village Gudiyattam Taluk Vellore District.

.. Respondents Prayer: This Writ Petition is filed under Article 226 of the Constitution of India, seeking for a writ of mandamus, directing the 3rd respondent to issue fresh patta to the petitioner by including the property comprised in Survey No.329/1C and 329/1I. For Petitioner : Mr.E.Ramesh For Respondents : Mr.R.Vijayakumar Additional Government Pleader

O R D E R

By consent, the writ petition is taken up for final disposal.

2. The petitioner claims that his father viz., Late Mahadevan has purchased several properties in Senkundram Village and he died in the year 1964 and after his demise, the legal heirs by means of oral partition, divided the properties and the petitioner is said to have acquired the properties comprised in Survey Nos.329/1B, 329/1C, 329/1E, 329/1G, 329/1I, 329/4B and 356/1C and claims to be in possession and enjoyment of the said property and he was also issued with patta vide Patta No.373.

3. The petitioner would further state that his relatives, tried to grab the properties and therefore, he was constrained to file O.S.No.66 of 2014 on the file of the Court of District Munsif, Gudiyattam, praying for interim injunction and the same is pending. The petitioner had also obtained a certified copy of the patta from the 3rd respondent and to his shock and surprise, his name in respect of Survey No.329/1C and 329/1I, was removed without his knowledge and in this regard, he submitted a representation dated 06.04.2015 to the respondents and since, he has not been favoured with any response, came forward to file this writ petition.

4. Heard the submissions of Mr.E.Ramesh, learned counsel appearing for the petitioner and Mr.R.Vijayakumar, learned Additional Government Pleader, who accepts notice for the respondents.

5. Though, the petitioner has sought for a larger relief, this Court, without going into the merits of the representation, directs the 3rd respondent to consider the representation dated 06.04.2015, submitted by the petitioner, on merits and in accordance with law, after putting on notice the persons concerned and pass orders as expeditiously as possible and not later than eight weeks from the date of receipt of a copy of this order and inform the decision taken, to the petitioner as well as to the persons concerned.

6. The writ petition is disposed of, accordingly. No costs. Sd/- Assistant Registrar (CS-II) True copy Sub Assistant Registrar.

To

1. The District Collector Vellore District Vellore 2 The District Revenue Officer Vellore District Vellore 3 The Thasildhar Gudiyattam Taluk Vellore District 4 The Village Administrative Officer Senkundram village Gudiyattam Taluk Vellore District.

+ 1 cc to Mr.E.Ramesh, Advocate SR 26130 + 1 cc to Government Pleader SR 25699 vsn(co) prk10/6 W.P.No.13888 of 2015