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Madras High CourtWP/13841/2021disposed of

M.Jayachandran v. The District Collector

2021-07-19Honourable Mr Justice V. Bharathidasan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.07.2021

CORAM

THE HONOURABLE MR.JUSTICE V. BHARATHIDASAN W.P. No. 13841 of 2021 and WMP.No.14712 of 2021

1. M. Jaychandran

2. M.Mohangiri Raja

...Petitioners

Vs

1. The District Collector, Chengalputtu District, Chengalputtu.

2. The District Revenue Officer, Chengalputtu district, Chengalputtu.

3. The Revenue Divisional Officer, Chengalputtu Revenue Division, Chengalputtu.

4. The Tahsildar, Thirukkalukundram Taluk, Chengalpattu District.

5. The Executive Engineer, TANGEDCO, Chengalpattu, Chengalpattu District.

6. The Assistant Engineer, TANGEDCO, Thirukkalukundram, Chengalpattu District.

...Respondents

Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the 2nd respondent to issue patta in favour of the petitioners in respect of the land comprised in Old Survey No.120/8 corresponding new Re-Survey No.150/1(wrongly re-classified under UDR Scheme as Grama Natham and Vaikkal Poromboke) measuring to an extent of 69 cents situate at Thathalur Village,

Thirukkalukundran Taluk, Chengalpattu District based on the representation dated 09.10.2017 and 22.12.2020. For petitioner ...

Mr.C. Prabakaran For respondents ...

Mr.Yogesh Kannadasan, Government Advocate

ORDER

This writ petition has been filed to direct the 2nd respondent to issue patta in favour of the petitioner.

2. According to the petitioner, he is the owner of the property to an extent of 69 cents in Survey No.120/8, Thathalur Village and Post, Thirukkalukundram Taluk, Kancheepuram. During the UDR scheme, without any notice whatsoever, to the petitioner, the said land has been classified as "Grama Natham" and also sub-divided into various survey numbers. In the said circumstances, the petitioner has filed a representation before the 2nd respondent on 14.02.2018 to cancel the UDR patta. But, so far no order has been passed. Hence, the present writ petition has been filed.

3. Heard the learned counsel for the petitioners and the learned Government Advocate appearing for the respondents.

4. Considering the facts and circumstances of the case and the limited prayer sought for in the writ petition, and also the fact that the petitioners' representation dated 14.02.2018 is pending with the 2nd respondent, 2nd respondent is directed to consider the petitioners' representation, conduct enquiry and pass suitable orders, on merits and in accordance with law, after giving opportunity to the petitioner as well as other interested parties, if any , within a period of twelve (12) weeks from the date of receipt of a copy of this order.

5. With the above directions, this writ petition is disposed of . No costs. Consequentially, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS-VII) //True Copy// Sub Assistant Registrar mrp

To

1. The District Collector, Chengalputtu District, Chengalputtu.

2. The District Revenue Officer, Chengalputtu district, Chengalputtu.

3. The Revenue Divisional Officer, Chengalputtu Revenue Division, Chengalputtu.

4. The Tahsildar, Thirukkalukundram Taluk, Chengalpattu District.

5. The Executive Engineer, TANGEDCO, Chengalpattu, Chengalpattu District.

6. The Assistant Engineer, TANGEDCO, Thirukkalukundram, Chengalpattu District.

+1cc to Mr.C.Prabakaran, Advocate, S.R.No.34585 +1cc to the Government Pleader, S.R.No.35009 W.P. No. 13841 of 2021 PL(CO) RGA(18/08/2021)