V.Kathirvel, v. The District Collector,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.11.2015

CORAM

THE HONOURABLE MR. JUSTICE M.M. SUNDRESH W.P. No. 35519 of 2015 V. Kathirvel ..Petitioner Vs.

1.

The District Collector, Vellore District, Vellore.

2.

The Tahsildar, Arakkonam, Vellore District.

..Respondents Prayer:

Petition under Article 226 of the Constitution of India praying for issue of a Writ of Mandamus directing the 2nd respondent to consider and pass orders on the petitioner's representation dated 28.10.2015 for the cancellation of free assignment patta issued in respect of land in S.No. 105/2 having an extent of 0.13.0 ares of Punjai Anathinam land situated at S. Kulathur Village, Arakkonam Taluk, Vellore District to the economically wealthy landlords.

For Petitioner :: Mr.G. Jeremiah For Respondents:: Mr.V. Subbiah, Special Government Pleader

O R D E R

Mr.V. Subbiah, learned Special Government Pleader takes notice for the respondents. By consent, the main writ petition itself is taken up for final disposal.

2.

Pursuant to the resolution dated 02.10.2015 passed to cancel the patta issued in favour of 12 persons in respect of the land in S.No. 105/2, S. Kulathur Village, Nelvoy Panchayat, Arakkonam Taluk, Vellore District and placing reliance upon the certificate issued by the Village Administrative Officer dated 07.02.2012 to the effect that patta in respect of 0.01.0 ares of land in Survey No. 105/2, S. Kulathur Village, Nelvoy Panchayat, Arakkonam Taluk, Vellore District has been issued to 12 persons, out of whom, only one of them is enjoying the said property, representation dated 28.10.2015 has been submitted by the petitioner, who is the President of Nelvoy Panchayat, to the 1st respondent, stating that the said patta has been wrongly issued https://hcservices.ecourts.gov.in/hcservices/

to persons, who are otherwise not entitled to, in law. 3.

A perusal of the records would show that the petitioner's representation dated 28.10.2015 has been referred to the 2nd respondent by the 1st respondent. Hence, the 2nd respondent is directed to consider and pass appropriate orders on the representation of the petitioner dated 28.10.2015, after affording an opportunity to the petitioner as well as to the private parties, in whose favour patta has been granted, within a period of eight weeks from the date of receipt of a copy of this order. The writ petition is disposed of accordingly. No costs.

-s/dAssistant Registrar True Copy Sub-Assistant Registrar nv To 1.

The District Collector, Vellore District, Vellore.

2.

The Tahsildar, Arakkonam, Vellore District.

+1 cc to G.Jeremiah Advocate sr.61014 +1 cc to Government pleader sr.61153 W.P. No. 35519 of 2015 aa18/11/2015 https://hcservices.ecourts.gov.in/hcservices/