S.Velu v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 18.06.2024
CORAM
THE HONOURABLE MR. JUSTICE N. SATHISH KUMAR and W.M.P.No.16765 of 2024 S.Velu .. Petitioner
Versus
1.The District Collector Tiruvallur District Tiruvallur 2.The Tahsildar Poonamallee Taluk Poonamallee 3.P.Jayalakshmi 4.P.Venkatraman 5.P.Hemalatha .. Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents 1 and 2 to consider and pass orders on the petitioner's representation dated 28.07.2023 cancelling the Patta No.9400 and to grant patta for the property bearing Plot No.2, Sri Devi Karumariamman Nagar, Tiruverkadu Revenue Village, comprised in Survey Nos.143/1B, 143/1B2, Poonamallee Taluk, Poonamallee, Tiruvallur District measuring 1200 sq.ft., For Petitioners : Mr.R.Kamraj For Respondent : Mr.A.Selvendran for R1 & R2 Special Government Pleader 1/4
ORDER
This writ petition is filed for a direction to the respondents 1 and 2 to consider and pass orders on the petitioner's representation dated 28.07.2023 cancelling the Patta No.9400 and to grant patta for the property bearing Plot No.2, Sri Devi Karumariamman Nagar, Tiruverkadu Revenue Village, comprised in Survey Nos.143/1B, 143/1B2, Poonamallee Taluk, Poonamallee, Tiruvallur District measuring 1200 sq.ft.,
2. It is the grievance of the writ petitioner that they purchased the property in the year 2014 by virtue of a sale deed. Challenge was made to the said sale deed in O.S.No.580 of 2014 by the private respondents father and the same was dismissed on 10.07.2023. Patta stands in the name of the private respondents father and the same has not been cancelled and fresh patta is not issued to the petitioner. Hence, in this regard, the petitioner has given an application on 28.07.2023, which is pending without consideration. Hence, this writ petition.
3. Heard learned counsel for the petitioner and the learned Special Government Pleader appearing for the respondents 1 and 2 and perused the materials available on record.
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4. Since, no adverse order is passed against the respondents 3 to 5, notice to them is dispensed with. By consent of both parties, this writ petition is taken up for final disposal at the admission stage itself.
5. Considering the limited relief sought for in this writ petition, the second respondent is directed to consider the representation of the petitioner dated 28.07.2023 and pass appropriate orders on its own merits and in accordance with law, after giving notice to the private respondents and any other interested persons. Such exercise shall be completed within a period of three months from the date of receipt of copy of this order.
6. With the above direction, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. 18.06.2024 dhk Index :Yes/No Internet :Yes/No : Yes/No 3/4
N. SATHISH KUMAR , J.
dhk To 1.The District Collector Tiruvallur District Tiruvallur 2.The Tahsildar Poonamallee Taluk Poonamallee W.P.No.15415 of 2024 18.06.2024 4/4