Nazeer Ahmed, v. The Secretary To Government

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.03.2019

CORAM

THE HONOURABLE Mrs.JUSTICE PUSHPA SATHYANARAYANA W.P.No.30265 of 2016 and W.M.P.No.26253 of 2016 Nazeer Ahmed .. Petitioner Vs.

1. The Secretary to Government of Tamil Nadu, Municipal Administration Department, Fort St. George, Chennai-600 009.

2. The Collector, Vellore District.

3. The Tahsildar, Vaiyambadi Town.

4. The Commissioner of Municipality, Vaniyambadi.

5. Ahmed Basha .. Respondents Prayer :

Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the respondents to consider the representation of the petitioner dated 07.06.2016 sent by the petitioner.

* * * For Petitioner :

Mr.S.Shaji Paul For Respondents :

Mr.N.Inbanathan, Additional Government Pleader for RR1-4 Mrs.P.Shanthi for R4 Served - No Appearance for R5

O R D E R

This writ petition is filed praying a Writ of Mandamus directing the respondents to consider the representation of the petitioner dated 07.06.2016.

2. The case of the petitioner is that there was a partition between himself and his brother by his father by way of koorchit and he is in possession and enjoyment of the same for the past 40 years. Since the private respondent attempting to dispossess the petitioner by getting similar door number allotted by the fourth respondent, the petitioner made representation dated 07.06.2016 to the official respondents to cancel the door number allotted in favour of the private respondent and clarify the position. Since there is no response from them, he is before this Court with the aforesaid prayer.

3. Heard the learned counsel on either side.

4. Considering the facts and circumstances of the case and the submissions made on either side, this Court, without expressing any opinion on the merits of the representation, directs the fourth respondent to consider the petitioner's representation dated 21.03.2018 and pass appropriate orders, on merits and in accordance with law, after issuing notice to the petitioner as well as the persons interested in the property, in particular, the fifth respondent and also after affording them an opportunity of personal hearing, within a period of eight 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. Consequently, W.M.P.No.26253 of 2016 is closed. Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar gg To

1. The Secretary, Municipal Administration Department, Government of Tamil Nadu, Fort St. George, Chennai-600 009.

2. The Collector, Vellore District.

3. The Tahsildar, Vaiyambadi Town.

4. The Commissioner of Municipality, Vaniyambadi.

+1cc to the Government Pleader, S.R.No.26316 W.P.No.30265 of 2016 MG(CO) CS/08/04/2019