Sathiaseelan, v. The Land Commissioner,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATE : 17.06.2016

CORAM

THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN W.P.No.20624 of 2016 1.Sathiaseelan 2.Pugazhmani @ Muthukrishna Kavirayar ... Petitioners

Versus

1. The Land Commissioner Chepauk, Chennai-5.

2. Mahalakshmi ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, seeking for a writ of mandamus directing the 1st respondent to consider the representation of the petitioners dated 15.04.2016 and dispose of the same on merits within a time frame to be fixed by this Court. For Petitioners : Mr.S.Jaganathan For R1 : Mr.R.Govindasamy, Special Government Pleader

ORDER

By consent, the writ petition is taken up for final disposal.

2. One Muruganantham, S/o.Rathinasamy, and the 2nd respondent herein have filed OS.No.436/2010 on the file of the Court of Principal Subordinate Judge, Tiruchirappalli, against the petitioners, who are arrayed as defendants 4 and 5 and three others, praying for declaration to declare that they are the exclusive owners, having title and possession of the property in Ayan Punja Re-Survey No.310, Old Block, Survey No.79, Navalpattu Village, Tiruchirappalli District and for permanent injunction, restraining the defendants from interfering the peaceful possession and enjoyment of the property and the suit, after contest, came to be decreed on 04.01.2016 and the appellate remedy is being contemplated before the Appellate Forum.

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3. The learned counsel for the petitioners would submit that the 2nd respondent has moved the 1st respondent for cancellation of patta without impleading the petitioners and other defendants and in this regard, the petitioners have submitted a representation dated 15.04.2016 to the 1st respondent and since no orders have been passed, they came forward to file the present writ petition.

4. This Court heard the submissions of the learned counsel for the petitioner and Mr.R.Govindasamy, learned Special Government Pleader who accepts notice on behalf of the 1st respondent.

5. This Court, taking into consideration, the limited scope of prayer sought for by the petitioners and without going into the merits of the same, directs the 1st respondent to consider and dispose of the petitioners' representation dated 15.04.2016 in accordance with law, after putting on notice the 2nd respondent as well as Thiru Muruganandham, S/o.Rathinasamy, South Street, Vengur, Tiruchirappalli District-621013 and pass orders within a period of eight weeks from the date of receipt of a copy of this order and communicate the decision taken to the petitioners as well as to the above said persons.

6. The writ petition is disposed of with the above direction. No costs.

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar AP To The Land Commissioner Chepauk, Chennai-5.

+1cc to Mr.S.Jaganathan, Advocate, S.R.No.33291 +1cc to the Government Pleader, S.R.No.33248 W.P.No.20624 of 2016 BVR(CO) CA(28/06/2016) https://hcservices.ecourts.gov.in/hcservices/