N.Chandran v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26-06-2015

CORAM

THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN WRIT PETITION No.18490 of 2015 N.Chandran ... Petitioner vs

1. The District Collector Kanchipuram District Kanchipuram

2. The District Revenue Officer Kanchipuram District Kanchipuram

3. The Revenue Divisional Officer Kanchipuram District Kanchipuram

4. The Tahsildar Sriperumpudur Taluk Kanchipuram District 5.Emrose 6.Mahadevi 7.Durairaj 8.Usha 9.Jamuna 10.Seshatri 11.R.Saraswathi 12.R.Ravikumar 13.P.Vetriselvi 14.Prakash 15.Manogar 16.Sundaram 17.Chandraleela 18.Lakshmi 19.Vasanthi 20.Kumaragurubaran 21.Suresh Babu 22.The Village Administrative Officer Sikkarayapuram Sriperumpudur Taluk ... Respondents

Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of mandamus directing the second respondent to dispose of the appeal in NA.KA.22029/2014/N3, pending on his file, within a stipulated time.

For Petitioner : Mr.S.Raveekumar For Respondents : Mr.V.Subbiah Special Government Pleader for RR1 to 4 and 22

ORDER

By consent, the writ petition itself is taken up for final disposal.

2.The petitioner claims right, title and possession by virtue of a registered sale deed bearing Document No.2269/2005, dated 17.3.2005, in respect of the land admeasuring to an extent of 0.40 cents out of 0.70 cents, in Survey No.280/7 at Sikkarayapuram Village, Sriperumpudur Taluk, Kanchipuram District. According to the petitioner, he gave a representation dated 24.8.2007, to issue patta in his name and also paid necessary charges and later on, came to know that some strangers claiming to be the owners, have wrongly included their names in the patta, petitioner submitted a representation to the first respondent, who, in turn, forwarded the same to the third respondent to conduct enquiry with regard to the wrong inclusion of names in Patta Nos.1458, 1176 and 1199 and submit a detailed report.

3.The petitioner would further state that the third respondent conducted an enquiry and rejected the petition submitted by the petitioner, vide proceedings dated 3.11.2014, and challenging the legality of the same, the petitioner preferred an appeal dated 19.11.2014, before the second respondent and it was also received and acknowledged on 26.11.2014.

The grievance expressed by the petitioner, is that the appeal has not been given disposal and hence, came forward to file this writ petition.

4.Heard the submissions of the learned Counsel appearing for the petitioner, and Mr.V.Subbiah, learned Special Government Pleader, who accepted notice on behalf of the respondents 1 to 4 and 22. 5.This Court, without going into the merits of the claim projected by the petitioner, directs the second respondent to consider and dispose of the appeal in Na.Ka.22029/2014/N3, on merits and in accordance with law, after putting on notice, the respondents 5 to 21, within a period of three months from the date of receipt of

a copy of this order, and communicate the decision taken, to the petitioner as well as to the respondents 5 to 21. The writ petition is disposed of accordingly. No costs.

Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar nsv To:

1. The District Collector Kanchipuram District Kanchipuram

2. The District Revenue Officer Kanchipuram District Kanchipuram

3. The Revenue Divisional Officer Kanchipuram District Kanchipuram

4. The Tahsildar Sriperumpudur Taluk Kanchipuram District

5. The Village Administrative Officer Sikkarayapuram Sriperumpudur Taluk +1cc to Mr.S.Raveekumar, Advocate, S.R.No.31702 +1cc to the Government Pleader, S.R.No.31800 W.P.No.18490 of 2015 GGK(CO) CA(27/07/2015)