M.Gurusev v. The Revenue Divisional

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 10.07.2015

CORAM

THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN W.P.No.20684 of 2015 M.Gurusev .. Petitioner Vs.

1.The Revenue Divisional Officer Kancheepuram 2.The Tahsildar Kancheepuram 3.Ms.Venkateshwari .. Respondents Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the 1st respondent to consider the petitioner's representation dated 15.04.2015 and thereby the 1st respondent taking necessary action to cancel the mistakable patta entries in Survey No.395 and further directing the 2nd respondent to issue patta for the above Survey Number. For Petitioner : Mr.M.Ravi For Respondents : Mr.Rm.Muthukumar Govt. Advocate for R1 and R2

O R D E R

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

2.The petitioner claims that he is having a property at Kattavakkam Village ad-measuring to an extent of 81 cents and after the demise of his father, the third respondent has approached the second respondent and managed to get legal heir certificate, leaving out the name of the petitioner and his sisters. The petitioner in this regard submitted a representation to the District Collector on 18.11.2012 and the District Collector, Kancheepuram, in turn vide letter dated 14.12.2012 has forwarded the same to the first respondent for appropriate action.

3. The grievance expressed by the petitioner is that since the first respondent did not take any action, he submitted one more representation dated 15.04.2015 and since no orders have been passed, he came forward to file this writ petition. https://hcservices.ecourts.gov.in/hcservices/

4. Heard Mr.M.Ravi, the learned counsel for the petitioner and Mr.Rm.Muthukumar, the learned Government Advocate, who accepts notice for respondents 1 and 2.

5. This Court, taking into consideration the limited scope of the prayer sought for by the petitioner and without going into the merits of the representation submitted by him/claim projected by him, directs the first respondent to consider and dispose of the petitioner's representation dated 18.11.2012 as well as 15.04.2015 in accordance with law, after putting on notice the third respondent and pass orders within a period of eight weeks from the date of receipt of a copy of this order and communicate the decision taken to the petitioner as well as to the third respondent.

6.The writ petition is disposed of accordingly. No costs. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar gpa To 1.The Revenue Divisional Officer Kancheepuram

2. The Tahsildar, Kancheepuram.

+1cc to Mr.M.Ravi, Advocate, S.R.No.35437 +1cc to the Government Pleader, S.R.No.35151 KM(CO) EU(31/07/2015) W.P.No.20684 of 2015 https://hcservices.ecourts.gov.in/hcservices/