Madras High CourtWP/28372/2015disposed of

R.Vijay Aravind v. The District Collector

2015-09-09Honourable Mr Justice M.M.Sundresh3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.09.2015

CORAM

THE HON'BLE MR. JUSTICE M.M.SUNDRESH W.P.No.28372 of 2015 and M.P.No.1 of 2015 1.R.Vijay Aravind 2.R.Anand Adhirey ... Petitioners rep.by their Power Agent and father Mr.K.Rajagopalan Vs

1. The District Collector, Kancheepuram District, Kancheepuram

2. The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Tambaram Division, Tambaram

3. The Tahsildar, Sholinganallur Taluk, Sholinganallur

4. Sarasu @ Sarobin ... Respondents Petition filed under Article 226 of the Constitution of India praying to issue a writ of Mandamus directing the respondents 1 and 2 herein to consider the representation of the petitioner dated 13.08.2015, in seeking to cancel the sub-division wrongly made by the 3rd respondent in S.No.286/1B4C2 of Venkivasal Village, Sholinganallur Taluk, Kancheepuram District, by creating S.No.286/1B4C2B and correcting the FMB and other revenue records in favour of the fourth respondent.

For Petitioners :

Mr.G.Arul Murugan For Respondents :

Mr.M.Digvijayapandian,A.G.P.

for R1 to R3

ORDER

The petitioner is said to have purchased a specific extent of land in S.No.286/1B4C of Venkivasal Village, Sholinganallur Taluk, Kancheepuram District, by a registered sale deed dated 24.5.2001. The fourth respondent has also made sales in favour of other private parties. There was litigation initiated at the instance of the fourth respondent as well as the other purchaser in O.S.Nos.411 and 362 of 2007, respectively. The suit filed by the fourth respondent was dismissed and the one filed the other purchaser was decreed. However, the grievance of the petitioner is that by suppressing the same, a sub-division has been effected in favour of the fourth respondent by the third respondent, without hearing the petitioner and similarly placed persons. The petitioner gave a representation dated 13.08.2015 to respondents 1 and 2 to cancel the sub-division wrongly made. As the said representation has not been disposed of, the present writ petition has been filed.

2. Taking into consideration the pendency of the representation and without going into the merits of the same, a direction is issued to respondents 1 and 2 to consider the petitioner's representation dated 13.08.2015 and pass appropriate orders on merits and in accordance with law, after affording an opportunity of personal hearing to the petitioner as well as the fourth respondent, within a period of eight weeks from the date of receipt of a copy of this order. The writ petition is disposed of accordingly. No costs. Connected miscellaneous petition is closed. Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar

msk To

1. The District Collector, Kancheepuram District, Kancheepuram

2. The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Tambaram Division, Tambaram

3. The Tahsildar, Sholinganallur Taluk, Sholinganallur +1cc to M/s.G.Arulmurugan, Advocate, S.R.No.49038 +1cc to the Government Pleader, S.R.No.49258 W.P.No.28372 of 2015 SV(CO) CA(21/09/2015)