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Madras High CourtWP/15435/2017disposed of

C.Venkataswamy Reddy v. The District Collector

2017-06-20Honourable Mr Justice M.Duraiswamy3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.06.2017

CORAM

THE HON'BLE Mr. JUSTICE M.DURAISWAMY W.P.No.15435 of 2017 and W.M.P.No.16723 of 2017 C.Venkataswamy Reddy ... Petitioner Vs.

1.The District Collector, 2.The Sub Collector, 3.The Tahsildar, 4.The Village Administrative Officer, Nallur Village, Hosur Taluk, 5.Indrani @ Indra ... Respondents Petition filed under Article 226 of The Constitution of India praying to issue a writ of mandamus directing the 2nd respondent to cancel the Patta No.2989 relating to common pathway situate at Survey No.888/12 of Nallur Village, Krishnagiri District which is shown as common pathway in the approved layout plan vide Approval No.LP/R (V.D) No.50/82 issued by the Assistant Director of Town and Country Planning, Vellore on the basis of the petitioner's representation dated 24.04.2017 within a time frame.

For Petitioner : Mr.R.Bharath Kumar For Respondent : Mr.A.N.Thambidurai, Special Government Pleader (R1 to R4)

O R D E R

The petitioner has filed the above Writ Petition to issue a writ of mandamus directing the 2nd respondent to cancel the Patta No.2989 relating to common pathway situate at Survey No.888/12 of Nallur Village, Krishnagiri District which is shown as common pathway in the approved layout plan vide Approval No.LP/R (V.D) No.50/82 issued by the Assistant Director of Town and Country Planning, Vellore on the basis of the petitioner's

representation dated 24.04.2017 within a time frame. 2.The learned counsel appearing for the petitioner submitted that the petitioner has given a representation dated 24.04.2017 to the 2nd respondent seeking for cancellation of the patta. However, the 2nd respondent has not passed any order so far. 3.Mr.A.N.Thambidurai, learned Special Government Pleader appearing for the respondents 1 to 4 submitted that the 2nd respondent may be directed to consider the petitioner's representation in accordance with law, after giving notice to the 5th respondent.

4.Having regard to the submissions made by the learned counsel on either side, taking into consideration the limited prayer sought for in the writ petition, without expressing any opinion with regard to the merits of the case, I direct the 2nd respondent to consider the petitioner's representation dated 24.04.2017 and pass orders in accordance with law, after giving notice to the 5th respondent, within a period of eight weeks from the date of receipt of a copy of this order.

5.With these observations, the Writ Petition is disposed of. No costs. Consequently, the connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar va To 1.The District Collector, 2.The Sub Collector,

3.The Tahsildar, 4.The Village Administrative Officer, Nallur Village, Hosur Taluk, +1 cc to M/s.R.Bharathkumar Advocate sr 43424 +1 cc to Government Pleader sr 43792 W.P.No.15435 of 2017 and W.M.P.No.16723 of 2017 nr(co) aa27/06/2017