V.Gajendran v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.06.2018

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P.No.6124 of 2010 and MP.No.1 of 2010 V.Gajendran ... Petitioner Vs.

1.The District Collector, O/o of the Collectorate, Thiruvallur District, Thiruvallur.

2.The District Revenue Officer, Thiruvallur District, Thiruvallur.

3.The Tahsildar, O/o. Ambattur Taluk, Thiruvallur District.

4.The Commissioner, Ambattur Township, ... Respondents Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorari to call for the records pertaining to the order in Na.ka.No.001539/2008/F-2 dated 18.12.2009 passed by the 4th respondent herein and quash the same as illegal, arbitrary.

For Petitioner : Mr.Dr.G.Krishnamurthy For R1 to R3 : Mr.J.Ramesh, AGP For R4 : Mr.I.Paranthamen

O R D E R

The petitioner has come up with the present writ petition to quash the notice dated 18.12.2009 issued by the fourth respondent.

2.According to the petitioner, due to inadvertent mistake, the fourth respondent has issued the impugned notice to one Muhammed Ali, in respect of his property. In this regard, the petitioner has submitted a detailed representation dated 17.03.2010, which has not been considered by the fourth

respondent. Hence, this writ petition.

3.However, when the matter was taken up for consideration, the learned counsel for the petitioner fairly submitted that due to efflux of time, the petitioner may be given liberty to approach the respondents with a fresh representation seeking the relief sought for in this writ petition and on such approach, the respondents may be directed to dispose of the same, within a time frame to be fixed by this Court.

4.The learned Additional Government Pleader appearing for the respondents 1 to 3 and the learned counsel for the fourth respondent have no serious objection in granting such relief to the petitioner.

5.Considering the facts and circumstances of the case and having regard to the submissions made by the learned counsel on either side, this Court disposes of this writ petition, granting liberty to the petitioner to approach the respondents with a fresh representation enclosing all the required documents along with a copy of this order, within a period of two weeks from the date of receipt of a copy of this order. On such approach, the respondents are directed to consider the same and pass appropriate orders, on merits and in accordance with law, within a period of four weeks thereafter. No costs. Consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar(CS-IV) // True Copy// Sub Assistant Registrar To 1.The District Collector, O/o of the Collectorate, Thiruvallur District, Thiruvallur.

2.The District Revenue Officer, Thiruvallur District, Thiruvallur.

3.The Tahsildar, O/o. Ambattur Taluk, Thiruvallur District.

4.The Commissioner, Ambattur Township, +1cc to Government Pleader SR.No.42259 W.P.No.6124 of 2010 KK(CO) SMI/21.08.2018