Madras High CourtWP/33340/2017disposed of

S.Harisaravanan v. The District Collector,

2018-02-06Honourable Mr Justice K. Ravichandrabaabu3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 06.02.2018

CORAM

THE HONOURABLE MR.JUSTICE K.RAVICHANDRABAABU W.P.No.33340 of 2017 S.Harisaravanan .. Petitioner vs.

1. The District Collector, Kancheepuram,

2. The Revenue Divisional Officer, Office of the Revenue Divisional Office, Tambaram Revenue Division, Thambaram, Chennai - 600 045.

3. The Thasildhar, Sholingarnallur Taluk, Sholingarnallur, Chennai, ..Respondents Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus to direct the 2nd respondent to cancel the sub-division made in Survey No.90/4A1 of Pallikaranai Village, Sholingar Taluk, Kancheepuram District as per the report of the 3rd respondent in his proceedings No.Ka.No.2566/2011/Aa-1 dated 15.12.2016 and consequently direct the 3rd respondent to issue fresh patta for full extent of land to the petitioner forthwith. For Petitioner: Mr.K.Bhaskar For Respondents: Mr.R.Govindasamy, Special Government Pleader

O R D E R

The petitioner is seeking for a Mandamus directing the 2nd respondent to cancel the sub-division made in Survey No.90/4A1 of Pallikaranai Village, Sholingar Taluk, Kancheepuram District

as per the report of the 3rd respondent in his proceedings No.Ka.No.2566/2011/Aa-1 dated 15.12.2016 and consequently direct the 3rd respondent to issue fresh patta for full extent of land to the petitioner forthwith.

2. Heard both sides.

3. The grievance of the petitioner is that the sub-division made by the 3rd respondent in respect of the subject matter property is erroneous. Ventilating such grievance, the petitioner has made a representation before the 2nd respondent through his counsel on 15.06.2017. The said representation has not been considered so far.

4. Learned Special Government Pleader, based on instruction, submitted that the 2nd respondent will consider the said representation and pass orders on merits after hearing the petitioner as well.

5. Accordingly, without expressing any view on the merits of the claim made by the petitioner, this Writ Petition is disposed of by direct the 2nd respondent to consider the representation of the petitioner dated 15.06.2017 and pass orders on merits and in accordance with law within a period of eight weeks from the date of receipt of a copy of this order, after hearing all the parties concerned. It is for the 2nd respondent to consider all the material facts placed before him including the earlier proceedings issued by the Revenue officials. No costs. Sd/- Assistant Registrar(CS-IX) //True Copy// Sub Assistant Registrar vsi To

1. The District Collector, Kancheepuram,

2. The Revenue Divisional Officer, Office of the Revenue Divisional Office, Tambaram Revenue Division, Thambaram, Chennai - 600 045.

3. The Thasildhar, Sholingarnallur Taluk, Sholingarnallur, Chennai, +1cc to the Government Pleader, S.R.No. 9396 +1cc to Mr.K.BHASKAR, Advocate, S.R.No. 10246(07/06/2018) W.P.No.33340 of 2017 SSI(CO) TR(21/02/2018)