Madras High CourtWP/13859/2010disposed of

C.Venkatachalam v. The District Collector

2018-02-06Honourable Mr Justice V. Parthiban3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.02.2018

CORAM:

THE HON'BLE Mr. JUSTICE V.PARTHIBAN W.P. No. 13859 of 2010 and M.P. No. 1 of 2010 C. Venkatachalam ..

Petitioner ..Vs..

1. The District Collector, Krishnagiri, Krishnagiri District.

2. The Revenue Divisional Officer, O/o. Revenue Divisional Officer, Hosur, Krishnagiri District.

3. The Tahsildar, Taluk Office, Hosur, Krishnagiri District.

Respondents For Petitioner : M/s.L.Santhi for M/s.M.D.Thirunavukkarasu For Respondents- 1 to 3 : Mrs.K.Bhuvaneswari Additional Government Pleader PRAYER : Petition filed under Article 226 of the Constitution of India, praying to issue a writ of Certiorarified Mandamus, directing the 3rd respondent to consider the representation of the petitioner dated 22.02.2010 and issue separate patta to the petitioner's house and land in survey No.106A measuring an extent of 3.34.0 Hectares situated in Uthanapalli Village, Hosur Taluk, Krishnagiri District within the time frame fixed by this Court and issue such further or other orders or directions.

ORDER

Heard M/s.L.Santhi for M/s.M.D.Thirunavukkarasu, learned counsel for the petitioner and Mrs.K.Bhuvaneswari, learned Additional Government Pleader appearing for the respondents-1 to 3.

2. The petitioner has approached this Court for seeking the following relief,

"To issue a writ of Certiorarified Mandamus, directing the 3rd respondent to consider the representation of the petitioner dated 22.02.2010 and issue separate patta to the petitioner's house and land in Survey No.106/A measuring an extent of 3.34.0 Hectares situated in Uthanapalli Village, Hosur Taluk, Krishnagiri District within the time frame fixed by this Court."

3. The case of the petitioner is as follows:- According to the petitioner, he was the owner of house and land in survey No.106A measuring an extent of 3.34.0 Hectares situated in Uthanapalli Village, Hosur Taluk, Krishnagiri District. His father had executed a Sale deed in his favour and the same has been registered in the Office of the Sub-Registrar, Hosur, Krishnagiri District in Sale Deed No.1123/2001. The petitioner has approached the 3rd respondent for issuance of separate patta for sub dividing the property in S.No.106/A. In this regard, a representation was submitted by the petitioner on 22.02.2010 for consideration of issuance of separate patta for the said property. However, no action was taken on his representation. Hence, petitioner is before this Court.

4. Upon notice, learned Additional Government Pleader has entered appearance for Respondents-1 to 3 and submitted that any direction issued to the 3rd respondent for consideration of the representation of the petitioner, the same would be complied within a stipulated time frame fixed by this Court.

5. In the above, considering these submissions made on behalf of both the learned counsel who appearing for the parties, this Court disposes of the writ petition, by directing the 3rd respondent to consider and pass an order on the representation of the petitioner dated 22.02.2010 on merits and in accordance with law, within a period of eight weeks from the date of receipt of copy of the order.

6. With the above direction, the writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS ) //True Copy// Sub Assistant Registrar ksa

1. The District Collector, Krishnagiri, Krishnagiri District.

2. The Revenue Divisional Officer, O/o. Revenue Divisional Officer, Hosur, Krishnagiri District.

3. The Tahsildar, Taluk Office, Hosur, Krishnagiri District.

+ 1 cc to Mr. M.D. Thirunavukkarau, Advocate Sr.9093 + 1 ccs to the Government Pleader Sr.9720 & 7401 W.P. No. 13859 of 2010 (CS-VI) EU(26/03/2018)