Madras High CourtWP/23775/2014disposed of

S.Povnammal v. The District Collector

2022-04-13Honourable Mr Justice M.Dhandapani3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.04.2022

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.No.23775 of 2014 S.Povnammal ... Petitioner Vs.

1. The District Collector Villupuram District, Villupuram.

2. The Revenue Divisional Officer, Thirukovilur Village, Villupuram District.

3. The Thasildar Ulundurpet Taluk, Villupuram District.

4. Karuppan

...Respondents

The writ petition filed under Article 226 of the Constitution of India, to issue a writ of Mandamus directing the respondents 1 to 3 to consider the representation letter dated 21.08.2014 filed by the petitioner's son and further directing the respondents 1 to 3 to cancel the patta No.841 issued n favour of the 4th respondent in accordance with law. For Petitioner : Mr.S.Ramajayam For Respondents : Mr.Yogesh Kannadasan R1 to R3 Special Government Pleader

ORDER

This Writ Petition has been filed seeking direction to the respondents 1 to 3 to consider the representation dated 21.08.2014 filed by the petitioner's son and further directing the respondents 1 to 3 to cancel the patta No.841 issued in favour of the 4th respondent in accordance with law.

2. The case of the petitioner is that the property in S.No.534/14 belongs to the petitioner. The petitioner and his

family members were in possession and enjoyment of the said property from the year 1971. In the factual situation, the 4th respondent approached the third respondent and obtained patta in his favour for the afore said survey number illegally. The new bogus patta number is 841. Therefore, the petitioner made a representation on 21.08.2014 before the respondents 1 to 3 to cancel the patta, which was issued in favour of the 4th respondent. Till date, there is no response from the respondent. Hence, the present writ petition has been filed seeking appropriate remedy.

3. The learned counsel for the petitioner submitted that this Court may issue a direction to the respondents 1 to 3 to consider the petitioner's representation dated 21.08.2014 and to cancel the patta No.841 issued in favour of the 4th respondent within the reasonable time as fixed by this Court.

4. The learned Special Government Pleader submitted that the representation will be considered in accordance with law within the reasonable time as fixed by this Court.

5. Heard both sides and perused the materials available on record. Notice has been served to the 4th respondent and the same was returned with an endorsement as ''no such person''. There is no representation on behalf of the 4th respondent.

6. Considering the facts and circumstances of the case and the limited request sought for by the petitioner, this Court directs the respondents to consider the representation dated 21.08.2014 made by the petitioner and pass appropriate orders, after affording opportunity to the 4th respondent, on merits and in accordance with law within a period of twelve weeks from the date of receipt of a copy of this order.

7. With the above directions, the writ petition is disposed of. No costs.

Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar rli

1. The District Collector Villupuram District, Villupuram.

2. The Revenue Divisional Officer, Thirukovilur Village, Villupuram District.

3. The Thasildar Ulundurpet Taluk, Villupuram District.

+1cc to Mr.S.Ramajayam, Advocate, S.R.No.26007 +1cc to the Government Pleader, S.R.No.26368 W.P.No.23775 of 2014 NK[co] NSK 04/05/2022