A.Jasper New Prabhu v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED :06.04.2022 CORAM :
THE HONOURABLE MR. JUSTICE M. DHANDAPANI W.P. No.8331 of 2022 and W.M.P.Nos.8308 and 8310 of 2022 1.A.Jasper New Prabhu 2.J.Johan Felix
...Petitioners
Vs.
1.The District Collector, Office of the Collectorate, Chengalpattu District, Chengalpattu.
2.The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Chengalpattu District, Chengapattu.
3.The Tahsildar, Office of the Tahsildar, Thiruporur, Chengalpattu.
4.P.Mahendran
...Respondents
Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents 1 to 3 herein to consider petitioners representation dated 10.12.2021 for cancellation of bogus Nagal Patta stands in the name of the 4th respondent's father Parugunam of an extent of 10,900 Sq.Ft. and there about in the Old Survey No.203/4 and New Survey No. 298/40, situated at No.107, Madura Perur Village Nemmelli, Thiruporur Taluk, Chengalpattu District as expeditiously as possible within a time frame stipulated by this Hon'ble Court.
For Petitioners : Mr.M.Balasubramanian For Respondents : Mr.M.Murali Government Advocate
O R D E R
This Writ Petition has been filed seeking for issuance of a Writ of Mandamus, to direct the respondents 1 to 3 herein to
consider petitioners representation dated 10.12.2021 for cancellation of bogus Nagal Patta stands in the name of the 4th respondent's father Parugunam of an extent of 10,900 Sq.Ft. and there about in the Old Survey No.203/4 and New Survey No. 298/40, situated at No.107, Madura Perur Village Nemmelli, Thiruporur Taluk, Chengalpattu District as expeditiously as possible within a time frame stipulated by this Court.
2. The learned Government Advocate takes notice for the official respondents. In view of the limited relief sought for in this petition and on the consent of the learned counsel appearing on either side, this petition is taken up for final disposal.
3. Since no adverse order is being passed as against the 4th respondent, notice to the 4th respondent is dispensed with.
4. The case of the petitioner is that the petitioners are the owners of the property in Old Survey No.203/4 and New Survey No. 298/40, situated at No.107, Madura Perur Village Nemmelli, Thiruporur Taluk, Chengalpattu District. The said property was purchased from one T.Elumalai Naciker in the year 1996. Suppressing the same, the 4th respondent filed Writ Petition before this Court in W.P.No.5216 of 2022, for issuance of Patta. This Court by its order dated 09.03.2022, issued direction to the respondent to consider the petitioner's representation, within a period of twelve weeks. However, the petitioner made representation on 10.12.2021, for cancellation of the Patta issued in the name of the 4th respondent and that the enquiry is pending before the 3rd respondent. Hence, this Writ Petition is filed with the aforesaid prayer.
5. The learned counsel for the petitioners submitted that it would suffice if this Court issue direction to the respondents to consider the petitioner's representation dated 10.12.2021, within a reasonable time that may be fixed by this Court.
6. The learned Government Advocate appearing on behalf of the official respondent submitted that the petitioner's representation dated 10.12.2021, will be considered by the respondents within a stipulated time fixed by this Court.
7. Considering the facts and circumstances, earlier the 4th respondent filed W.P.No.5216 of 2022, and this Court by its order dated 09.03.2022, directed the respondent to consider the 4th respondent's representation dated 03.12.2021, within a period of twelve weeks. However, the petitioners herein made
representation to the 3rd respondent to cancel the Patta issued in the name of the 4th respondent. In view of the above, this Court issues direction to the 3rd respondent to consider the petitioner's representation dated 10.12.2021 along with the representation of the 4th respondent, if not already disposed of, and pass appropriate orders on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order, after providing an opportunity of hearing to the petitioner and also the 4th respondent and other aggrieved parties, if any.
8. With the above direction, this Writ petition is disposed of. No costs. Consequently, connected miscellaneous petitions are closed.
s/d- Assistant Registrar True Copy Sub-Assistant Registrar Psa To 1.The District Collector, Office of the Collectorate, Chengalpattu District, Chengalpattu.
2.The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Chengalpattu District, Chengapattu.
3.The Tahsildar, Office of the Tahsildar, Thiruporur, Chengalpattu.
+2 CCS to Mr.M.Balasubramanian, Advocate sr 23322 +1 CC to The Government Pleader sr 23838.
W.P. No.8331 of 2022 MT(CO) SP(26/04/2022)