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Madras High CourtWP/12783/2019disposed of

M.Santhoshkumar Babu v. The District Collector

2019-04-27Honourable Mr Justice K. Ravichandrabaabu3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27.04.2019

CORAM

THE HON'BLE MR. JUSTICE K.RAVICHANDRABAABU W.P.No.12783 of 2019 M.Santhoshkumar Babu

...Petitioner

Vs.

1. The District Collector, Tiruvallur District, Tiruvallur.

2. The Revenue Divisional Officer, Tiruttani Revenue Unit, Tiruvallur District.

3. The Tahsildar, Tiruttani Taluk, Tiruttani, Tiruvallur District.

...Respondents

Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus to direct the 2nd respondent to grant patta to the petitioner in respect of his lands comprised in Old. Survey No.56/12 (New Survey No.56/5) measuring an extent of 58 cents in Tiruttani Village and Taluk, Thiruvallur District in pursuance of the representation dated 25.10.2018.

For Petitioner :

Mr.M.Sriram For Respondents :

Mr.R.Govindasamy, Special Government Pleader O R D E R Mr.R.Govindasamy, learned Special Government Pleader, takes notice for the respondents. By consent of the parties, the main writ petition is taken up for final disposal.

2. The petitioner seeks for a Mandamus to direct the 2nd respondent to grant patta to the petitioner in respect of his lands comprised in Old. Survey No.56/12 (New Survey No.56/5)

measuring an extent of 58 cents in Tiruttani Village and Taluk, Thiruvallur District in pursuance of the representation dated 25.10.2018.

3. According to the petitioner an extent of 0.58 cents of land situated at S.No.56/5, corresponding old Survey No.56/12 at Tiruthani village is a private patta land belong to the petitioner's father and however, wrongly classified as Anadeenam in the revenue records. By contending so, the petitioner made a representation on 25.10.2018 to the 2nd respondent for reclassifying the said land and grant patta. The grievance of the petitioner is that the said representation is still pending and not yet disposed of. Therefore, the present writ petition is filed before this Court.

4. Learned Special Government Pleader submitted that so far the reclassification issue is concerned, it is for the District Collector who should consider such claim and therefore, the petitioner has to only approach the District Collector.

5. As the representation given by the petitioner was addressed to the 2nd respondent, a copy of the said representation along with a fresh representation shall be made by the petitioner to the 1st respondent within a period of two weeks from the date of receipt of a copy of this order. On receipt of such representation, the 1st and 2nd respondent shall consider the claim of the petitioner and pass orders on the same on merits and in accordance with law within a period of twelve weeks thereafter. It is further made clear that this Court is not expressing any view on the merits of the claim made by the respondent as it is for the respondents 1 and 2 to consider and decide. Accordingly, the writ petition is disposed of . No costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar vsi To

1. The District Collector, Tiruvallur District, Tiruvallur.

2. The Revenue Divisional Officer, Tiruttani Revenue Unit, Tiruvallur District.

3. The Tahsildar, Tiruttani Taluk, Tiruttani, Tiruvallur District.

+1 cc to Mr.M.Sriram, Advocate, S.R.No.41067 +1 cc to the Government Pleader, S.R.No.42017 W.P.No.12783 of 2019 SVI(CO) SSM(28/05/2019)