A.V.Thomas Leather Nd Allied v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.11.2016

CORAM

THE HON'BLE MR. JUSTICE M.S. RAMESH W.P.No.3155 of 2013 A.V.Thomas Leather and Allied Products Private Limited rep. by its General Manager (HR) S.Gandhimani, having office at, No.118-A, Velacheri Road, Guindy, Chennai - 600 032.

...Petitioner

Vs.

1. The District Collector, Kancheepuram District, Kancheepuram.

2. R.Chandiraiyan

3. The Tahsildar, Chengalpattu, Kancheepuram District.

4. The Tahsildar, Thiruporur Taluk, Kancheepuram District.

(R2 to R4 - Impleded as per Order dated 18.02.2014 by KRCBJ in MP.1/13 in WP.No.3155/13)

...Respondents

Prayer:- Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus to direct the first respondent to consider the representation dated 31.01.2013 of the petitioner and pass appropriate orders within a time that may be stipulated by this Court.

For Petitioner : Mr.M.Babu Muthu Meeran For Respondents: Mr.R.Govindasamy Special Government Pleader for R1,3&4 No appearance for R2.

O R D E R

The petitioner's claim is for issuance of a patta for the land in survey No.81A/13 measuing an extent of 6.30 acres, which has been classified as Kalanguthu Poromboke in the revenue records of the first respondent.

2. According to the petitioner, he owns patta of the adjacent land and since, he has been in possession of the subject land for over 40 years, he has made a representation datd 31.01.2013 to the first respondent seeking for issuance of patta for the subject land. Since the representation of the petitioner has not been considered by the first respondent, the petitioner has filed this present writ petition.

3. Heard Mr.M.Babu Muthu Meeran, learned counsel for the petitioner and Mr.R.Govindasamy, learned Special Government Pleader for the respondents.

4. The learned Special Government Pleader submits that the competent authority to issue the patta is the fourth respondent and hence, the petitioner may approach the fourth respondent with a representation and it may be ordered to be considered on its own merits.

5. In view of the above submissions of the respective counsels, the petitioner is permitted to make an application to the fourth respondent for issuance of patta for the subject lands and on receipt of the said application, the fourth respondent shall consider the same on its own merits and pass orders in accordance with law within a period of twelve weeks from the date of receipt of the said application.

6. With the above observation the writ petition stands disposed of. No costs.

Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar

To

1. The District Collector, Kancheepuram District, Kancheepuram.

2. The Tahsildar, Chengalpattu, Kancheepuram District.

3. The Tahsildar, Thiruporur Taluk, Kancheepuram District.

+1cc to the Government Pleader Sr.64974 +1cc to Mr.M.Baby Muthumeeran, Advocate Sr.64162 W.P.No.3155 of 2013 ss[co] srg 02/12/2016