Madras High CourtWP/7116/2015disposed of

Rajavel Samuttiar v. State , Rep.By The Revenue

2015-03-13Honourable Mr Justice T. S. Sivagnanam2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 13.03.2015

CORAM

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM WP.No.7116 of 2015 Rajavel Samuttiar ..

Petitioner

Versus

1. State Rep. by The Revenue Divisional Officer, Cuddalore.

2. The Thasildar, Office of the Thasildar, Kurinchipadi, Cuddalore District.

3. Govindaraj

4. Ramasamy ..

Respondents Writ petition filed under Article 226 of the Constitution of India praying for a writ of MANDAMUS directing the respondent to consider the petitioner's representation dated 01.08.2014 and cancel the patta issued in favour of the 3rd and 4th respondents within time framed by this Court.

For Petitioner :

Mr.K.Gandhi Kumar For RR 1 and 2 :

Mr.R.Vijayakumar, AGP

ORDER

Heard Mr.K.Gandhi Kumar, learned counsel for the petitioner and Mr.R.Vijayakumar, learned Additional Government Pleader accepting notice on behalf of the respondents 1 and 2 and with their consent, the writ petition is disposed of at the admission stage itself.

2. Since the writ petition is disposed of at the admission stage itself, notice to the respondents 3 and 4 is dispensed with and the allegations made by the petitioner as against the respondents 3 and 4 are not gone into and the same is left open to the official respondents to consider the same.

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3. The petitioner filed this Writ Petition praying for issuance of Writ of Mandamus to cancel the Patta issued in favour of the respondents 3 and 4. It is seen that the representation given by the petitioner has been forwarded to the 2nd respondent by the 1st respondent vide communication dated 16.09.2014 to take appropriate action. However, while forwarding the application, the 1st respondent has not communicated the copy of the proceedings dated 16.09.2014 to the respondents 3 and 4. Therefore, they are unaware of the fact that the application given by the petitioner for cancellation of their Patta is now directed to be enquired into by the 2nd respondent.

4. Therefore, there will be a direction to the 2nd respondent to consider the petitioner's application dated 12.09.2014 and pass appropriate orders on merits and in accordance with law after issuing notice to the petitioner as well as to the respondents 3 and 4 within a period of three months from the date of receipt of a copy of this order.

5. The writ petition is disposed of with the above direction. No costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar AP/gya To

1. The Revenue Divisional Officer, Cuddalore.

2. The Thasildar, Office of the Thasildar, Kurinchipadi, Cuddalore District.

1 cc to Government Pleader,Sr.No14519 WP.No.7116 of 2015 ts(co) pmk.24.3.2015 https://hcservices.ecourts.gov.in/hcservices/