R.Dhanapal v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.06.2015

CORAM

THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN W.P.No.16173 of 2015 R.Dhanapal ... Petitioner Vs.

1 The District Collector Kancheepuram District Kancheepuram 2 The District Revenue Officer Kancheepuram District Kancheepuram 3 The Revenue Divisional Officer Madurantakam Kancheepuram District 4 The Tahsildar Cheyyur Taluk Office Cheyyur Kancheepuram District 5 Geetha W/o.Moorthi No.85 5th Cross Street Kandasamy Nagar Palavakkam Chennai-41 ... Respondents Prayer:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the 2nd respondent herein to consider the petitioner representation dated 13.2.2012 submitted with request to cancel the patta in Old S.No.489/2 New S.No.489/2A of an extent of Acre 01.04 cents situated at Cheyyur B Block Vadakkuveli and pass orders within a reasonable time framed by this Honourable court.

For Petitioner : Mr.P.Murali For Respondents : Mr.V.Subbiah Special Government Pleader

O R D E R

By consent the writ petition is taken up for final disposal. 2.The petitioner claims to be the owner of the land admeasuring to an extent of 1.04 acres in Old S.No.489/2 New S.No.489/2A situated in Cheyyur B Block Vadakkuveli, Kancheepuram District and would state that he applied for change

of name in the patta in the name of the vendor to his name and the fourth respondent has transferred the patta only in respect of 02.67 acres and left out 1.04 acres. The petitioner in this connection, approached the third respondent who informed him that the patta in respect of the said piece of land has been mistakenly transferred to the fifth respondent. Immediately, the petitioner submitted representation dated 13.02.2012 to cancel the patta granted in favour of the fifth respondent and since he has not been favoured with any response, came forward to file this writ petition.

3.Heard the submissions of Mr.P.Murali, learned counsel appearing for the petitioner and Mr.V.Subbiah, learned Special Government Pleader who accepts notice on behalf of the respondents 1 to 4.

4.This Court taking into consideration the limited scope of the prayer and without entering upon the merits of the same directs the second respondent to consider the representation of the petitioner dated 13.02.2012 and pass orders on the same, in accordance with law, after putting on notice to the fifth respondent, within a period of eight weeks from the date of receipt of a copy of this order and communicate the decision taken to the petitioner as well as to the fifth respondent. The writ petition is disposed of accordingly. No costs. Sd/- Asst.Registrar (CS II ) /true copy/ Sub Asst. Registrar pri To 1 The District Collector Kancheepuram District Kancheepuram 2 The District Revenue Officer Kancheepuram District Kancheepuram 3 The Revenue Divisional Officer Madurantakam Kancheepuram District

4 The Tahsildar Cheyyur Taluk Office Cheyyur Kancheepuram District 1 cc to M/s. Government Pleader, Sr. 28117 1 cc to Mr.P.Murali, Advocate, Sr. 27430 W.P.No.16173 of 2015 CNR (CO) kk 22/6