S.Arumugham v. The District Revenue Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.02.2019

CORAM

THE HONOURABLE Mrs. JUSTICE D.KRISHNAKUMAR W.P. No.13003 of 2014 and M.P.No.1 of 2014 S.Arumugham .. Petitioner Vs.

1. The District Revenue Officer, Kancheepuram District, Kancheepuram 2.The Tahsildar, Thiruporur Taluk, Thiruporur, Kancheepuram District.

3.M/s.Nuziveedu Seeds Limited, rep. by its General Manager, Kakarla Suryanarayanan, No.103, Classic Garden, Kumarasamy Nagar II Street, Sozhinganallur, Kancheepuram District .. Respondents PRAYER : Writ Petitions filed Under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the 1st respondent to conduct an enquiry and dispose of the application in File No.2293 of 2014/N4/dated 24.01.2014 pending before the first respondent, in accordance with the Patta Pass Book Act.

For Petitioner : Mr.M.Jayapal Rajan For Respondents : Mr.B.Anand, GA for RR1 &2 Mr.K.Govi Ganesan for R3

O R D E R

By consent of both parties, this Writ petition is taken up for final disposal.

2. The petitioner has come up with this Writ Petition seeking for a direction to the first respondent to consider his application dated 24.01.2014, to cancel the patta viz., No.70 issued to the third respondent in S.No.31/1 and to issue a joint

patta in the name of the petitioner and the other legal heirs of Late. Kullappa Gramani.

3. According to the learned counsel for the petitioner, the petitioner has submitted an application dated 24.01.2014 seeking for cancellation of patta viz., No.70 issued to the third respondent in S.No.31/1, and to issue a joint patta in the name of the petitioner and the other legal heirs of Late. Kullappa Gramani but, the same is yet to be disposed of by the first respondent. Hence, the petitioner is before this Court.

4. Heard Mr.B.Anand, learned Government Advocate on behalf of the respondents 1 & 2 and Mr. K.Govi Ganesan, learned counsel for the third respondent.

5. Mr.B.Anand, the learned Government Advocate for the respondents 1 & 2 would fairly submit that the respondents have no objection to consider such application, if the same is pending, in accordance with law, within the time to be stipulated by this Court.

6. Mr. K.Govi Ganesan, learned counsel for the third respondent would submit that the first respondent has to conduct an enquiry after affording due opportunity to the third respondent.

7. Considering the facts and circumstances of the case and the submissions made on either side, this Court, without expressing any opinion on the merits of the said application, directs the first respondent to consider the application dated 24.01.2014 and pass appropriate orders, on merits and in accordance with law, after issuing notice to the petitioner as well as the third respondent herein and also affording due opportunity of hearing to the petitioner, third respondent herein as well as any of the interested parties, within a period of twelve weeks from the date of receipt of a copy of this order.

8. With the above directions, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is also closed.

-s/d- Assistant Registrar(CS-IV) True Copy Sub-Assistant Registrar dn

To

1. The District Revenue Officer, Kancheepuram District, Kancheepuram 2.The Tahsildar, Thiruporur Taluk, Thiruporur, Kancheepuram District.

+1 CC to Mr.K.Govi Ganesan, Advocate sr 17515. +1 CC to Mr.M.Jayapal Rajan, Advocate sr 16847. +1 CC to The Govt. Pleader sr 17032.

W.P. No.13003 of 2014 LN(CO) SP(27/03/2019)