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Madras High CourtWP/11166/2019disposed of

M.Jaganmohan Rao v. The Collector

2019-04-15Honourable Mr Justice K. Ravichandrabaabu2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15.04.2019

CORAM

THE HONOURABLE MR. JUSTICE K.RAVICHANDRABAABU W.P.No.11166 of 2019 M.Jaganmohan Rao Represented by his power agent C.Ramiah

...Petitioner

Vs.

1.The Collector Collector's Office Thiruvallur.

2.The Tahsildar Taluk Office Ponneri, Thiruvallur District.

...Respondents

Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to consider the representation dated 19.03.2019 and 03.04.2019 respectively and dispose of the same forthwith. For Petitioner : Mr.K.Nagarajan For Respondents : Mr.J.Purushothaman Government Advocate

O R D E R

Mr.J.Purushothaman, learned Government Advocate takes notice for the respondents. By consent of the parties, this writ petition is taken up for final disposal at the admission stage itself.

2. The petitioner seeks for a mandamus directing the respondents to consider his representation dated 19.03.2019, followed by another representation dated 03.04.2019, wherein and whereby, he sought for issuance of patta in respect of the land measuring an extent of acre 0.63 cents comprised in Survey Nos.40/6 and 40/10, Patta No.127, No.118, Padiyanallur Village, Ponneri Taluk, Thiruvallur District.

3. Heard both sides.

4. It is stated that the persons namely, Lakshmibai, Venkatesan, Madhavan, Saraswathi, Hemavathi got inherited the above said property and executed a power of attorney dated 29.06.2006 in favour the petitioner on 29.06.2006 vide document No.1912 of 2006, to execute sale deed in favour of any third parties. It is further stated that the petitioner has executed sale deed in favour of M.Jaganmohan Rao, vide document No.11308 of 2006 dated 13.12.2006 in respect of the subject matter property. It is further stated that the said M.Jaganmohan Rao, https://hcservices.ecourts.gov.in/hcservices/

has executed a power of attorney in favour of the petitioner vide Document No.1239 of 2007 dated 26.09.2017 to maintain the subject matter property.

Hence, the petitioner made a representation on 19.03.2019, followed by another representation on 03.04.2019, seeking for issuance of patta in favour of M.Jaganmohan Rao, in respect of the subject matter property. However, the respondents have not considered the same. Hence, the present writ petition is filed before this Court.

5. This Court, at this stage, is not expressing any view on the merits of the claim made by the petitioner, as it is for the second respondent to consider and decide. Thus, this writ petition is disposed of, only with a direction to the second respondent to consider the representations of the petitioner 19.03.2019 & 03.04.2019 and pass orders on the same on merits and in accordance with law, after hearing all the parties concerned. Such exercise shall be done by the second respondent within a period of twelve weeks from the date of receipt of a copy of this order. No costs.

Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar mk To 1.The Collector Collector's Office Thiruvallur.

2.The Tahsildar Taluk Office Ponneri, Thiruvallur District.

+1 cc to M/s.K.Nagarajan, Advocate SR.No.36786 +1 cc to The Government Pleader, Sr.No. 37731 W.P.No.11166 of 2019 AK(CO) CSL/22.07.2019 https://hcservices.ecourts.gov.in/hcservices/