Madras High CourtWP/15962/2021disposed of

K.Kotteeswaran v. The District Collector

2021-08-02Honourable Mr Justice C.V. Karthikeyan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 02.08.2021

CORAM

THE HONOURABLE MR. JUSTICE C.V.KARTHIKEYAN WP.No.15962/2021 [Video Conferencing] K.Kotteeswaran ..Petitioner

Versus

1. The District Collector

2. The Revenue Divisional Officer Tambaram Region, Tambaram Taluk

3. The Tahsildar Tambaram Taluk ..Respondents Prayer : - Writ Petition filed under Article 226 of the Constitution of India praying for a writ of mandamus directing the 2nd and 3rd respondents to consider the representation dated 21.02.2017 and reminder dated 22.03.2021 within time frame fixed by this Court and to restore and issue patta in favour of the petitioner for 2475 sq.ft., of land situated at old S.No.21/3B4, New S.No.21/3B4E3, patta No.728, Thiruvancherry Village, [Mappedu], Tambaram Taluk, Chengalpattu District. For Petitioner :

Mr.R.Bhalasubramaniom For R1to R3 :

Mr.Yogesh Kannadasan Government Advocate

ORDER

(1) Mr.Yogesh Kannadasan, learned Government Advocate accepts notice on behalf of respondents 1 to 3.

(2) The writ petitioner had originally given a representation

on 21.02.2017 seeking a direction to respondents 2 and 3 to restore and issue patta in his favour with respect of 2475 sq.ft., of land at Old S.No.21/3B4, New S.No.21/3B4E3, with patta No.728 at Thiruvancherry Village, Mappedu, Tambaram Taluk, Chengalpattu District.

(3) Let me not examine the nature in which the petitioner claims right, title or interest over the said lands. That is an aspect which has to be examined by the 3rd respondent/Tahsildar, Tambaram Taluk, who is the authority to issue patta. Unfortunately, no orders have been passed with respect to the earlier representation dated 21.02.2017. It is understandable because now the writ petitioner seeks a direction nearly after four years and it is only natural that the Tahsildar would have changed and the new Tahsildar would not know anything about the representation given earlier. A reminder representation appears to have been given on 22.03.2021.

(4) But, I would rather hold that a fresh copy of the representation dated 21.02.2017 enclosing all requisite documents are again forwarded to the Tahsildar and if it is done so and if this order copy is received by the Tahsildar, Tambaram Taluk, Chengalpattu Distict, I would place a direction against the said official to pass necessary orders within a period of twelve weeks from the date of receipt of a copy of the representation dated 21.02.2017 along with the requisite documents and from the date within which a copy of this order is actually received by him. Let me not enter into a discussion on the merits of the case, but, rather issue such a direction to the 3rd respondent herein.

(5) The writ petition stands disposed of accordingly. No costs.

Sd/- Assistant Registrar(CS-VI) // True Copy// Sub Assistant Registrar AP To

1. The District Collector

2. The Revenue Divisional Officer Tambaram Region, Tambaram Taluk

3. The Tahsildar Tambaram Taluk +1cc to M/s.B.Abarna, Advocate, S.R.No.37975 +1cc to the Government Pleader, S.R.No.37701 WP.No.15962/2021 VG-II(CO) SU(24/08/2021)