G.Perumal, v. The District Collector,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 12.03.2015
CORAM
THE HONOURABLE MR. JUSTICE T.S.SIVAGNANAM W.P. No.5867 of 2015 1 G.Perumal [ PETITIONER ] Vs 1 The District Collector Vellore District, Vellore.
2 The District Revenue Officer Vellore District, Vellore.
3 The Tahsildar Katpadi Taluk, Katpadi, Vellore District.
4 The Village Administrative Officer, Vinnampalli Village, Katpadi Taluk, Vellore District.
5. B.Hari Babu [ RESPONDENTS ] [R5 impleaded as per order made in M.P.No.1 of 2015 in W.P.No.5867/2015] on 12.03.2015 PRAYER : Petition filed Under Article 226 of the Constitution of India praying to issue Writ of mandamus to direct the respondents No.1 and 2 herein to dispose of the representation of the petitioner dated 11.05.2014 within the time stipulated by this Honourable Court For Petitioner : Mr.D.K.Ravishankar For Respondents : Mr.V.Jayaprakash Narayanan,R1 to R4 Spl. Government Pleader
O R D E R
By consent of the learned counsel on either side, the writ petition is taken up for final disposal.
2.Heard Mr.D.K.Ravishankar, learned Counsel appearing for the petitioner and Mr.V.Jayaprakash Narayanan, learned Special Government Pleader appearing for the respondents 1 to 4. 3.The petitioner has filed this Writ Petition for issuance of a writ of mandamus to direct the respondents 1 and 2 to dispose of his representation dated 11.05.2014.
4.According to the petitioner, he is in possession of the land comprised in S.No.23 Patta No1127 at Vinnampalli Madura, Melpadi, Katpadi Taluk, Vellore District registered as document No.378/1975, which was hereditarily held by his fore father and his father. The petitioner would submit that when updating records in the 'A' Register, the name of one Chinnammal w/o Ramasamy was wrongly included and hence, he submitted representations to the 3rd and 4th respondents to delete the name of Chinnammal in respect of their property, but, they were failed to consider the same. In the interregnum, the third respondent without conducting any enquiry, issued patta in favour of the third party in respect of part of the total extent of 0.43 acres.
Hence, the petitioner has made several representations to the respondents to cancel the said patta wrongly issued and finally on 11.05.2014, he made a detailed representation to the first respondent to look into the matter and requested to cancel the patta issued in favour of the fourth respondent in respect of the property bearing S.No.23, measuring 0.43 Ares at Vinnampalli Village, Melpadi, Katpadi Taluk, Vellore, by conducting proper enquiry. The second respondent has also issued summons to him and also to the opposite parties, but till date his representation was not disposed of. Hence, the petitioner has come forward with this Writ Petition for the aforementioned relief.
5.Considering the limited scope of the prayer now sought for, the second respondent is directed consider the representation submitted by the petitioner dated 11.05.2014, issuing notice to the petitioner and the fifth respondent and after hearing the parties, pass appropriate orders on merits and in accordance with law, within a period of three months from the date of receipt of a copy of this order.
The Writ Petition is disposed of accordingly. No costs. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar
rpa To 1 The District Collector Vellore District, Vellore.
2 The District Revenue Officer Vellore District, Vellore.
3 The Tahsildar Katpadi Taluk, Katpadi, Vellore District.
4 The Village Administrative Officer, Vinnampalli Village, Katpadi Taluk, Vellore District.
+ 1 cc to Mr.S. Jaganathan, Advocate SR.14251 MG(CO) EU 24.03.2015 W.P. No.5867 of 2015 (2/2)