Devaraj @ Kanniappan, v. The District Collector,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.03.2015

CORAM

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM W.P.Nos.22976 and 22977 of 2012 Devaraj alias Kanniappan ... Petitioner in W.P.22976 of 2012 1.Selvaraj 2.Arulraj 3.Thiyagaraj 4.Udhayaraj ... Petitioners in W.P.22977 of 2012 Vs.

1.The District Collector Collectorate, Sathuvachari, Vellore, Vellore District.

2.The Revenue Divisional Officer, Walaja Taluk, Walaja, Vellore District.

3.The Special Thasildar Adi Dravidar Welfare Chepauk, Chennai -5.

4.The Thasildhar, Walaja Taluk, Vellore District.

... Respondents in both W.Ps.

5.Mangammal 6.Gayathri 7.Lakshmi Devi (R5 to R7 impleaded as per order dated 12.09.2012 in MP.1/12 IN wp22976/12) ... Respondents in W.P.22976 of 2012 Common Prayer:

Petitions filed under section 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents to consider the petitioners' representation dated 25.05.2012, and further direct the respondents to cancel the patta stands in the name of the third parties in S.441/4 and S.Nos.441/1, 441/2 and 441/3 respectively, and give patta and joint patta respectively, in the name of the

petitioner and petitioners respectively, in S.Nos.441/4 and S.Nos.441/1, 441/2 and 441/3 respectively, situated in Thakarakuppam village.

For Petitioners : Mr.A.Gouthaman For Respondent : Mr.S.Gunasekaran for R1 to R4 Government Advocate C O M M O N O R D E R Heard Mr.A.Gouthaman, learned counsel appearing for the petitioner and Mr.S.Gunasekaran, learned Government Advocate appearing for the official respondents.

2.Petitioners seek for direction upon the respondents to consider the petitioners' representation dated 25.05.2012 and cancel the patta standing in the name of the third parties in S.No.441/4 and S.Nos.441/1, 441/2 and 441/3 respectively.

3.It is stated that the respondent could not have granted patta in favour of other third parties since the land is Panchami land and therefore, the Authority should cancel the patta granted in favour of the other third parties. The said representation given by the petitioners was forwarded by the Revenue Divisional Officer to the Tahsildhar Walaja Taluk vide proceedings dated 10.08.2009 with request to conduct enquiry into the matter and the same is pending consideration.

4.Since the matter is now pending consideration before the fourth respondent, there will be a direction to the fourth respondent to consider the petitioners' representation dated 25.05.2012, issue notice to the petitioners as well as the persons in whose name the patta stand, conduct enquiry and pass appropriate orders on merits and in accordance with law, as expeditiously as possible, preferably within a period of four months from the date of receipt of a copy of this order.

5.These writ petitions are disposed of with the above observation. No costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar pri

To 1.The District Collector Collectorate, Sathuvachari, Vellore, Vellore District.

2.The Revenue Divisional Officer, Walaja Taluk, Walaja, Vellore District.

3.The Special Thasildar Adi Dravidar Welfare Chepauk, Chennai -5.

4.The Thasildhar, Walaja Taluk, Vellore District.

+ 2 ccs to Mr.A. Gouthaman, Advocate SR.12980, 12981 + 1 cc Government Pleader Sr.12924 W.P.Nos.22976 and 22977 of 2012 VGI(CO) EU 19.03.2015