R.Nithyanandham v. The District Collector,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30.07.2021

CORAM:

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN W.P.No.15806 of 2021 R.Nithyanandham, S/o.R.Ramalingam Pillai

...Petitioner

Vs.

1. The District Collector, District Collector's Office, Cuddalore.

2. The Revenue Tahsildar, Panruti,Cuddalore Dt.

3. The Regional Deputy Tahsildar, Panruti,Cuddalore Dt.

4. K.Kalia Perumal, S/o. Kittu

...Respondents

Prayer : Writ Petition under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the 1st Respondent to take appropriate action based on the petitioner representation dated 12.10.2020 to issue patta in favour of the legal heirs of late Thiru Ramalingam Pillai in respect of lands comprised in New Survey No.9/3, Old Survey No.235/4 admeasuring 0.43.50 situated at Anguchettipalayam, Panruti Taluk, Cuddalore District.

For Petitioner : Mr.A.S.Balaji For Respondents : Mr.Yogesh Kannadasan, Government Advocate for R1 to R3

O R D E R

(The case has been heard through video conference) The Writ Petition has been filed seeking a direction directing the 1st respondent to consider the petitioner's representation dated 12.12.2020 seeking to issue patta in favour of legal heirs of late Thiru Ramalingam Pillai.

2. In view of this order is going to be passed in the https://hcservices.ecourts.gov.in/hcservices/

present Writ Petition, which will not prejudice the interest of the 4th respondent, the notice to the 4th respondent is dispensed with.

3. According to the petitioner, earlier, by an order dated 10.10.2020, the 2nd respondent cancelled the patta stands in the name of 4th respondent and restore the patta in the original position in the name of petitioner and other legal heirs of one Ramalingam Pillai, petitioner's father, so far, the order was not challenged by the 4th respondent. Subsequently, the petitioner has made a representation to the 3rd respondent to carry out necessary mutation in the revenue records, but, so far, his representation was not considered and no order has been passed in it. Hence, the present writ petition has been filed by the petitioner.

4. Considering the limited prayer sought in the Writ Petition, without going into the merits of the case, the 3rd respondent is directed to consider the petitioner's application and to pass suitable orders on merits in accordance with law after hearing the petitioner as well as 4th respondent within a period of twelve weeks from the date of receipt of a copy of this order. Accordingly, this Writ Petition stands disposed of. No costs.

Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar rpp To

1. The District Collector, District Collector's Office, Cuddalore.

2. The Revenue Tahsildar, Panruti, Cuddalore Dt.

3. The Regional Deputy Tahsildar, Panruti,Cuddalore Dt.

+1cc to Mr.A.S.Balaji, Advocate, S.R.No.36771/21 +1cc to the Government Pleader, S.R.No.37684/21 W.P.No.15806 of 2021 SMI(CO) RGA(23/08/2021) https://hcservices.ecourts.gov.in/hcservices/