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Madras High CourtWP/29001/2014disposed of

Mr.H.S.Dawood, v. The Settlement Officer

2020-03-20Honourable Mr Justice T. S. Sivagnanam2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.3.2020

CORAM

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM WRIT PETITION NO.29001 OF 2014 Mr.H.S.Dawood

...Petitioner

Vs

1. The Settlement Officer, Land Survey & Settlement Department, Chepauk, Chennai-5.

2. The Assistant Settlement Officer, Land Survey & Settlement Department, Chepauk, Chennai-5.

3. The Revenue Divisional Officer, Tambaram Division, Chennai-45.

4. The Tahsildar, Alandur Taluk, Nanganallur, Chennai-61.

...Respondents

PETITION under Article 226 of The Constitution of India praying for the issuance of a Writ of Mandamus directing the fourth respondent to implement the order of the first respondent passed in Na.Ka.No.E-1/480/ 2009 dated 05.6.2010 to issue patta in respect of the lands comprised in Survey No.122/31-E measuring an extent of 0.13.0 acres situated at Pammal Village, Tambaram Taluk, Kancheepuram District in favour of Mr.Syed Abdul Rahman and Mr.Varisai Ahmed Meeran within the time frame would be fixed by this Court.

For Petitioner :

Mr.K.Balasubramaniam For Respondents :

Mr.E.Elumalai, GA

ORDER

I have heard the learned counsel on either side.

2. The petitioner has filed this writ petition seeking to direct the fourth respondent to consider his representation https://hcservices.ecourts.gov.in/hcservices/

dated 25.9.2014 and implement the order dated 05.6.2010 passed by the first respondent for granting patta in favour of the petitioner under the provisions of the Tamil Nadu Estates (Abolition and Conversion into Ryotwari) Act, 1948 (Act 26 of 1948).

3. As against the order passed by the first respondent, an appeal lies to the Principal Secretary and Commissioner of Land Administration. It is not clear as to whether any appeal has been filed by any party. The petitioner sent a representation on 25.9.2014 by speed post and as could be seen from the acknowledgement, the same has been received in the office of the fourth respondent on 27.9.2014. It is also not clear as to why the fourth respondent has not sent any reply to the petitioner. The writ petition is pending since 2014.

4. Hence, the writ petition is disposed of by directing the petitioner to submit a fresh representation along with a copy of the earlier representation, a copy of the order passed by the first respondent dated 05.6.2010 and a copy of this order and present the same in person in the office of the fourth respondent. On receipt of such a fresh representation, the fourth respondent shall consider the same and send a reply containing reasons to the petitioner within a period of three weeks from the date, on which, the fresh representation is received. No costs.

Sd/- Assistant Registrar(CO)MDU //True Copy// Sub Assistant Registrar RS To

1. The Settlement Officer, Land Survey & Settlement Department, Chepauk, Chennai-5.

2. The Assistant Settlement Officer, Land Survey & Settlement Department, Chepauk, Chennai-5.

3. The Revenue Divisional Officer, Tambaram Division, Chennai-45.

4. The Tahsildar, Alandur Taluk, Nanganallur, Chennai-61. +1cc to Mr.K.Balasubramanian, Advocate, S.R.No.24418 +1cc to the Government Pleader, S.R.No.24576 WP.No.29001 of 2014 SVI(CO) KKV/12/06/2020 https://hcservices.ecourts.gov.in/hcservices/