K.Perumal v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.02.2015

CORAM

THE HONOURABLE Mr. JUSTICE T.S. SIVAGNANAM W.P.No.1742 of 2015 K.Perumal

...Petitioner

vs.

1. The District Collector, Office of the District Collector, Kanchipuram, Kanchipuram District.

2. The District Revenue Officer, Office of District Revenue, Kanchipuram, Kanchipuram District.

3. The Revenue Divisional Officer, Office of the Revenue Divisional Office, Chengalpet, Kanchipuram District.

4. The Thasildhar, Office of the Thasildhar, Chengalpet, Kanchipuram District.

5. Shobanadevi

...Respondents

(5th respondent impleaded as per order in M.P.No.1 of 2015, dt. 4.2.2015) Writ Petition filed under Article 226 of the Constitution of India praying this Court to issue Writ of Mandamus directing the 4th respondent to dispose the petitioners representation dated 01.12.2014.

For Petitioner :

Mr.A.Jayaprakash For Respondents :

Mr.R.Viajayakumar Addl. Government Pleader

ORDER

Heard Mr.A.Jayaprakash, learned counsel appearing for the petitioner and Mr.R.Vijayakumar, learned Additional Government Pleader appearing for the respondents 1 to 4.

2. The petitioner seeks the following relief:- "For the reasons stated in the accompanying affidavit, it is prayed that this Honourable Court may be pleased to pass an order in the nature of Writ of Mandamus directing the 4th respondent to dispose the Petitioner's representation dated 01.12.2014 and pass such further or other orders as this Hon'ble Court may deem fit and proper in the circumstances of the case and thus render justice."

3. The petitioner has submitted a representation before the 4th respondent on 01.12.2014 to cancel the patta granted infavour of the 5th respondent and the matter is now pending before the 4th respondent.

4. In the light of the same, without going into the merits of the matter, there will be a direction to the 4th respondent to consider the representation of the petitioner dated 01.12.2014, after giving notice to the petitioner and the 5th respondent and pass orders on merits and in accordance with law, within a period of four months from the date of receipt of a copy of this order.

5. The writ petition is disposed of, accordingly. Since the writ petition is disposed of without notice to the 5th respondent, the merits of the allegations made against the 5th respondent are not gone into and it is left open to be considered by the 4th respondent. No costs.

Sd/- Assistant Registrar(CS-II) //True Copy// Sub Assistant Registrar bbr

To

1. The District Collector, Office of the District Collector, Kanchipuram, Kanchipuram District.

2. The District Revenue Officer, Office of District Revenue, Kanchipuram, Kanchipuram District.

3. The Revenue Divisional Officer, Office of the Revenue Divisional Office, Chengalpet, Kanchipuram District.

4. The Thasildhar, Office of the Thasildhar, Chengalpet, Kanchipuram District.

1 CC to Mr.A.Jayaprakash, Advocate SR.No.5770 W.P.No.1742 of 2015 KGK (CO) PSI (10.03.2015)