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Madras High CourtWP/159/2018disposed of

V.Sundaramurthy, Rep By Power v. The District Collector,

2018-01-05Honourable Mr Justice K. Ravichandrabaabu3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.01.2018

CORAM

THE HONOURABLE MR.JUSTICE K.RAVICHANDRABAABU W.P.No.159 of 2018 V.Sundaramurthy, Power of Attorney, rep. By V.V.Venkatesan S/o G.Venkatachalam, No.14, Thiruvallur Street, rajbai Nagar, avadi Chennai - 600 071.

...Petitioner

vs.

1. The District Collector, Thiruvallur District, Thiruvallur.

2. The District Revenue Officer, Thiruvallur, Thiruvallur District.

3. The Revenue Divisional Officer, Ambattur, Thiurvallur District.

4. The Tahsildar, Ambattur, Thiruvallur District now shifted to Avadi address.

... Respondents Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the 4th respondent to consider and dispose of the petitioner representation dated 09.10.2014 consequently to direct the 4th respondent to issue separate patta in the name of V.Sundaramurthy with reference to the property bearing Plot No.68, Karpagam Nagar Part II, in Survey No.385/4A1 of an extent of 1800 sq.ft., No.13, Vellanur Village, Ambattur Taluk, Thiruvallur District at an early date.

For Petitioner : Mr.M.Chidambaram For Respondents : Mr.D.Suryanarayanan, Additional Government Pleader

O R D E R

Mr.D.Suryanarayanan, learned Additional Government Pleader takes notice for the respondents. By consent of the parties, the main writ petition is taken up for final disposal.

2. Heard both sides.

3. The petitioner seeks for a Mandamus directing the 4th respondent to consider and dispose of the petitioner representation dated 09.10.2014 and consequently direct the 4th respondent to issue separate patta in the name of V.Sundaramurthy with reference to the property bearing Plot No.68, Karpagam Nagar Part II, in Survey No.385/4A1 of an extent of 1800 sq.ft., No.13, Vellanur Village, Ambattur Taluk, Thiruvallur District at an early date.

4. The grievance of the petitioner is that the said request has not been considered so far. At this stage, this Court is not expressing any view on the merits of the claim made by the petitioner as it is for the 4th respondent to consider and decide the same on merits and in accordance with law. However, considering the fact that the petitioner has already made a representation as early as in the year 2014 which is sought to be disposed of in this writ petition, this Court is inclined to issue a direction to the 4th respondent to consider the representation of the petitioner dated 09.10.2014 and pass orders on the same on merits and in accordance with law, after hearing the rival claimants, if any. Such exercise shall be done by the 4th respondent within a period of six weeks from the date of receipt of a copy of this order. Accordingly, the writ petition is disposed of. No costs.

Sd/- Assistant Registrar(Co) //True Copy// Sub Assistant Registrar vsi

To

1. The District Collector, Thiruvallur District, Thiruvallur.

2. The District Revenue Officer, Thiruvallur, Thiruvallur District.

3. The Revenue Divisional Officer, Ambattur, Thiurvallur District.

4. The Tahsildar, Ambattur, Thiruvallur District (now shifted to Avadi address).

+1cc to Mr.M.CHIDAMBARAM, Advocate, S.R.No. 923 +1cc to the Government Pleader, S.R.No. 1160 W.P.No.159 of 2018 RJ(CO) TR(19/01/2018)