P.Silambarasan v. The Commissioner Of Land
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 25.01.2019
CORAM
THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA W.P.No.18905 of 2018 P. Silambarasan
...Petitioner
..Vs..
1.The Commissioner of Land Administration, Office of the Land Administration, Ezhilagam, Chepauk, Chennai- 600 005.
2. The District Collector, Villupuram District, Villupuram.
3. The Revenue Divisional Officer, O/o. Revenue Divisional Officer, Kallakurichi.
4. The Tahsildar, O/o. the Tahsildar, Sankarapuram, Villupuram District.
5. S.Syed Ali
6. S. Kounchi
7. S. Kavitha
8. J. Senthil Kumar
9. V. Amaravathi
10. Anjalai.A
11. Vimala.C
...Respondents
Prayer: Writ petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents to consider and dispose of the petitioner's
representation dated 28.04.2018, within a time frame, after affording due opportunity of hearing to the petitioner and all the parties concerned.
For Petitioner : Mr.R. Gopinath For Respondents: Mr.V.Shanmugasundar Special Government Pleader For R1 to R4
O R D E R
This Writ Petition has been filed seeking for a direction to the respondents to consider and dispose of the petitioner's representation dated 28.04.2018, within a stipulated period.
2. According to the learned counsel for the petitioner, the petitioner had given a representation to the respondents 1 to 4 dated 28.04.2018, seeking to cancel patta in S.Nos.131/5, 6, 7, 8, 9 and 131/10, 11, in Alathur Village, Sankarapuram Taluk, Villupuram District. As no orders have been passed on the representation till date, the petitioner has come forward with this Writ petition seeking for the aforesaid relief.
3. Heard Mr.V. Shanmugasundar, learned Special Government Pleader appearing for the respondents 1 to 4. A Counter affidavit has been filed by the fourth respondent. Paragraph-9 of the counter affidavit reads as follows:
''9. I state that as per above field survey report, the 4th respondent has prepared proposal to cancel the assigned patta's in favour of the respondents 5,6,10 and 11 and the same is forwarded to the 3rd respondent through his proposal vide No.Na.Ka.A4/5519/2018 dated 14.09.2018 for further proceeding and the 3rd respondent will pass orders in accordance with law. The proposal copy for cancellation of patta is annexed with this counter affidavit and the same may be treated as part and parcel of this counter affidavit.''
4. Considering the facts and circumstances of the case and having regard to the submissions made, without going into the merits of the case, this Court directs the third respondent to pass appropriate orders on the representation of the petitioner dated 28.04.2018, on merits and in accordance with law, after issuing notice to the petitioner and also affording due opportunity of hearing to him as well as any of the interested parties, within a period of four weeks from the date of receipt of a copy of this order.
5. With the above directions, this Writ Petition is disposed of. No costs.
Sd/- Deputy Registrar //True Copy// Sub Assistant Registrar arr/rli To 1.The Commissioner of Land Administration, Office of the Land Administration, Ezhilagam, Chepauk, Chennai- 600 005.
2. The District Collector, Villupuram District, Villupuram.
3. The Revenue Divisional Officer, O/o. Revenue Divisional Officer, Kallakurichi.
4. The Tahsildar, O/o. the Tahsildar, Sankarapuram, Villupuram District.
+1cc to Mr.R.Gopinath, Advocate Sr.5915 W.P.No.18905 of 2018 srg 29/01/2019