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Madras High CourtWP/2576/2018disposed of

L.Balaji, v. The District Collector,

2018-02-07Honourable Mr Justice K. Ravichandrabaabu2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.02.2018

CORAM

THE HONOURABLE MR.JUSTICE K.RAVICHANDRABAABU Writ Petition No.2576 of 2018 L.Balaji S/o.Mr.N.Lengaram .. Petitioner Vs.

1.

The District Collector "Singaravalar Maligai"

Rajaji Salai, Chennai-600 001.

2.

The Tahsildar Egmore-Nungambakkam Taluk Spurtank Road, Chetpet Chennai-600 031.

3.

Mrs.Nalini Vijaykumar W/o.Mr.Vijaykumar .. Respondents Writ petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus, directing the respondents to consider the representation dated 31.10.2016 and further direct the 2nd respondent to cancel the said Patta issued in C.A.No.185/2010 dated 01.03.2010 in TR.No.2377/09-10 dated 26.02.2010 in R.S.No.406/518, Block No.25, Egmore Division, Egmore-Nungambakkam Taluk, Chennai District. For Petitioner : Mr.M.Arvindkumar For Respondents : Mr.E.Balamurugan Additional Government Pleader for R1 & R2

O R D E R

Mr.E.Balamurugan, learned Additional Government Pleader takes notice for the respondents 1 & 2. Since this writ petition is being disposed of, without affecting the interest of the third respondent, notice to the said respondent is dispensed with.

2. The petitioner seeks for a Mandamus, directing the respondents 1 and 2 to consider his representation dated 31.10.2016, wherein and whereby, he sought for cancellation of https://hcservices.ecourts.gov.in/hcservices/

Patta issued in favour of the third respondent.

3. It is contended by the petitioner that originally, the Patta granted in favour of the petitioner, is altered as Joint Patta, by including the name of the third respondent as well. According to the petitioner, such alteration was made without notice to the petitioner.

4. Therefore, this Court, at this stage, is not expressing any view on the merits of the claim made by the petitioner, as it is for the respondents 1 and 2 to consider and decide the same, based on the representation made by the petitioner on 31.10.2016. Accordingly, this writ petition is disposed of, only by directing the respondents 1 and 2 to consider the representation of the petitioner dated 31.01.2016 and pass orders on the same on merits and in accordance with law, after hearing the petitioner as well as the third respondent and other interested persons, if any. Such exercise shall be done by the respondents 1 and 2 within a period of twelve weeks from the date of receipt of a copy of this order. No costs. Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar mk To 1.The District Collector "Singaravalar Maligai"

Rajaji Salai, Chennai-600 001.

2.The Tahsildar Egmore-Nungambakkam Taluk Spurtank Road, Chetpet Chennai-600 031.

+2cc to Mr.M.Arvind, Advocate, S.R.No.9217 +1cc to the Government Pleader High Court Madras, S.R.No.9700 W.P.No.2576 of 2018 GP(CO) RRK(23/02/2018) https://hcservices.ecourts.gov.in/hcservices/