M.Selvi v. The District Collector,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.12.2015

CORAM

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH W.P.No.39840 of 2015

1. M.Selvi

2. Miss.M.Nirmala

3. Mr.M.Manikandan

4. Master.M.Sathish Minor rep. by mother and natural guardian.

... Petitioners Vs.

1. The District Collector Thiruvannamalai

2. The District Revenue Officer Thiruvannamalai

3. The Revenue Divisional Officer Thiruvannamalai

4. The Tahsildar Thandrampattu Village ThandrampattuTaluk ... Respondents Prayer: This writ petition is filed under Article 226 of Constitution of India, seeking a writ of certiorarified mandamus calling for records relating to the order of the 4th respondent herein in Na.Ka.No.A3/11795/2012 dated 28.09.2015 to quash the same and issue consequential directions to the respondents to issue house site patta in the name of the petitioners in Survey No. 392/7 Tehnmudiyanur Village Thandarampattu Taluk Tiruvannamalai District.

For Petitioner : Mr.J.Muthukumaran For R1 to R4 : Mr.V.Subbiah, Special Government Pleader

O R D E R

As the representation of the first petitioner seeking patta was not considered, a writ petition was filed before this Court in W.P.No.21985 of 2015. Pursuant to the order passed by this Court dated 22.07.2015 in the above said writ petition, the order impugned has been passed on 28.09.2015 rejecting the request of the first petitioner for issuance of patta. Challenging the same, the first petitioner filed an appeal before the 3rd respondent. Now, seeking to challenge the order passed by 4th respondent dated 28.09.2015, the present writ petition has been filed.

2. Admittedly, the appeal filed by the first petitioner on 26.10.2015 is pending consideration with 3rd respondent. Hence, the relief sought for in this petition cannot be granted. However, suffice it is to direct the 3rd respondent to dispose of the appeal.

3. Hence, a direction is issued to 3rd respondent to dispose of the appeal filed by the first petitioner on 26.10.2015 after affording opportunity to the petitioners within a period of eight weeks from the date of receipt of a copy of this order.

4. Writ petition is disposed of accordingly. No costs. Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar kua To

1. The District Collector Thiruvannamalai

2. The District Revenue Officer Thiruvannamalai

3. The Revenue Divisional Officer Thiruvannamalai

4. The Tahsildar Thandrampattu Village ThandrampattuTaluk +1cc to Mr.J.Muthukumaran, Advocate, S.R.No.68058 +1cc to the Government Pleader, S.R.No.68286 (26.05.2016) W.P.No.39840 of 2015 UG(CO) CA(08/01/2016)