Madras High CourtWP/1314/2018disposed of

E. Karthikeyan v. The Principal Revenue

2018-01-22Honourable Mr Justice K. Ravichandrabaabu3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.01.2018

CORAM

THE HONOURABLE MR.JUSTICE K. RAVICHANDRABAABU W.P.No.1314of 2018 E.Karthikeyan ... Petitioner vs.

1. The Principal Revenue Secretary, Revenue Department, Government of Tamil Nadu, Chief Secretariat, Fort St.George, Chennai.

2. The District Collector, Kancheepuram, Kancheepuram District.

3. The Sub Collector, Chengulpet, Kancheepuram District.

4. The Revenue Divisional Officer, Chengulpet, Kancheepuram District.

5. The Thasildar, Chengulpet, Kancheepuram District.

...Respondents

PRAYER:

Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus directing the 5th respondent to issue Patta in the name of the petitioner and his brother M.Eswaran, who are the owners of the property brought through registered Sale Deed dated 03.02.2016 vide Doc.No.525/16 by taking into consideration the Application made through On Line (E-Service) to the 5th respondent on 16.09.2016 vide Application No.2016/ 0105/ 03/ 032078 and the representation made by the petitioner on 23.03.2017 in accordance to Section 3 of the Patta Pass Book Act, 1983 and pass necessary orders.

For Petitioner : Mr.B.Balavijayan For Respondents : Mr.B.Anandan, Government Advocate.

O R D E R

Mr.B.Anandan, learned Government Advocate takes notice for the respondents and by consent of the parties, the main writ petition itself is taken up for final disposal.

2. Heard both sides.

3. The petitioner seeks for a mandamus directing the 5th respondent to issue Patta in the name of the petitioner and his brother M.Eswaran, who are claiming to be the owners of the property brought through registered Sale Deed dated 03.02.2016 vide Doc.No.525/16 by taking into consideration the Application made through On Line (E-Service) to the 5th respondent on 16.09.2016 vide Application No.2016/ 0105/ 03/ 032078 and the representation made by the petitioner on 23.03.2017 in accordance to Section 3 of the Patta Pass Book Act, 1983.

4. The grievance of the petitioner before this Court, is that the application dated 16.09.2016 and the representation dated 23.03.2017 have not been considered so far. This Court, at this stage, is not expressing any view on the claim made by the petitioner, as it is for the 5th respondent to consider and decide the same. Thus, this writ petition is disposed of, only with a direction to the 5th respondent to consider the application and the representation of the petitioner dated 16.09.2016 and 23.03.2017 respectively and pass orders on the same on merits and in accordance with law, after hearing the rival claimants, if any. Such exercise shall be done by the respondents within a period of eight weeks from the date of receipt of a copy of this order. No costs.

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