P. Kothandan, v. The District Collector,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23.07.2015

CORAM

THE HONOURABLE MR. JUSTICE M.SATHYANARAYANAN W.P.No.22061 of 2015 P.Kothandan ... Petitioner -Vs1. The District Collector, Thiruvannamalai District, Thiruvannamalai.

2. The Revenue Divisional Officer, O/o.Revenue Divisional Office, Thiruvannamalai.

3. The Thasildar, Kalasapakkam Taluk, Kalasapakkam, Thiruvannamalai District.

4. T.Subramani ... Respondents Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the 3rd respondent to comply the order of the 2nd respondent passed in No.A4/2758/2014, dated 23.06.2014 and consequently direct the 2nd respondent to dispose the petitioner's appeal dated 05.05.2014 within stipulated period fixed by this Court.

For Petitioner : Mr.J.Karthikeyan For Respondents : Mr.V.Subbiah, Special Government Pleader for R1 to R3.

O R D E R

By consent, this Writ Petition is taken up for final disposal.

2. The petitioner claims that patta was granted to his father and his brother in Patta No.128 in respect of the lands admeasuring to an extent of 1862 sq. ft in Survey No.195 and new Survey No.234/2, Alangaramangalam Village and after the demise of his father, he and his brother succeeded to the said property. The grievance expressed by the petitioner is that his junior father viz., Periya Kannan has created a bogus patta and sold the entire property without the knowledge of the petitioner and his brother in favour of the 4th respondent and the 4th respondent managed to get patta. The petitioner aggrieved by the said fact, preferred an appeal to the second respondent to cancel the patta granted in favour of the 4th respondent and since no order has been passed, came forward with the present Writ Petition.

3. Heard Mr.J.Karthikeyan, learned counsel for the petitioner and Mr.V.Subbiah, learned Special Government, who accepts notice on behalf of respondents 1 to 3

4. This Court, taking into consideration the limited scope of prayer sought for by the petitioner and without going into the merits of the same, directs the 2nd respondent to consider and dispose of the petitioner's appeal petition dated 05.05.2014 in accordance with law after putting on notice the 4th respondent and pass orders within a period of six 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 4th respondent.

This Writ Petition is disposed of accordingly. No costs. Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar vsm

To

1. The District Collector, Thiruvannamalai District, Thiruvannamalai.

2. The Revenue Divisional Officer, O/o.Revenue Divisional Office, Thiruvannamalai.

3. The Thasildar, Kalasapakkam Taluk, Kalasapakkam, Thiruvannamalai District.

+1cc to Mr.J.Karthikeyan, Advocate, S.R.No.37683 +1cc to the Government Pleader, S.R.No.37744 W.P.No.22061 of 2015 GGK(CO) CA(25/08/2015)