V.Murugan, v. The State Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.07.2016

CORAM:

THE HONOURABLE MR. JUSTICE M.SATHYANARAYANAN W.P.No.24111 of 2016 V.Murugan ..

Petitioner Vs.

1.The State of Tamil Nadu, Rep by its Secretary to Government, Revenue Department, Fort St.George, Chennai-600 009.

2.The District Collector, O/o. Tiruvallur Collector Office, Tiruvallur District, Tiruvallur.

3.The Revenue Divisional Officer, O/o. Ambattur Taluk Office, Ambattur, Chennai-600 053.

4.The Tahsildar, O/o. Ambattur Taluk Office, Ambattur, Chennai-600 053.

5.Alamelu ..

Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the fourth respondent to dispose of the petitioner's representation dated 04.11.2015 and conduct an proper enquiry and cancel the assignment patta in favour of the fifth respondent issued by the fourth respondent in his proceedings Na.Ka.No.21373/2007/C3 dated 05.09.2008 and consequently issue the assignment patta to and in favour of the petitioner's name belongs to the property situated at Plot No.7, No.3, Malar Nagar, 1st Street, Kallikuppam, Ambattur, Chennai-600 053 Revenue Village of Korattur-Kallikuppam comprised in Survey No.773/2A1A with an extent of 670 Sq.ft. For Petitioner :

Mr.V.Jaishankar For Respondents :

Mr.P.Sanjai Gandhi, Additional Govt. Pleader for R1 to R4

O R D E R

By consent, this Writ Petition is taken up for final disposal.

2. The petitioner would state that vacant land situated at Plot No.7, Door No.3, Malar Nagar, 1st Street, Kallikuppam, Ambattur, Chennai admeasuring to an extent of 670 Sq.Ft was originally purchased by him from one Mr.M.Eagappan in the year 2011 by way of registered sale deed dated 16.06.2011 and ever since, claims to be in possession and enjoyment of the same. According to the petitioner, the fifth respondent, without any right whatsoever, started interfering with the possession of the petitioner and the petitioner also later on came to know that in respect of the property purchased by him, patta was also granted in favour of the fifth respondent and in this regard, he has submitted a representation dated 04.11.2015 to the respondents 2 to 4 and since, no response is forthcoming, came forward to file this writ petition.

3. Heard the submissions of the learned counsel appearing for the petitioner and Mr.P.Sanjai Gandhi, learned Additional Government Pleader, who accepts notice on behalf of the respondents 1 to 4.

4. Though the petitioner has prayed for larger relief, this Court, in the light of the above facts and circumstances and without going into the merits of the same, directs the fourth respondent to consider and dispose of the petitioner's representation dated 04.11.2015 on merits and in accordance with law after putting on notice the fifth respondent and pass orders within a period of ten weeks from the date of receipt of a copy of this order and communicate the decision taken, to the petitioner as well as the fifth respondent.

5. This Writ Petition is disposed of accordingly. No costs.

Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar jvm

To 1.The Secretary to Government, State of Tamil Nadu, Revenue Department, Fort St.George, Chennai-600 009.

2.The District Collector, O/o. Tiruvallur Collector Office, Tiruvallur District, Tiruvallur.

3.The Revenue Divisional Officer, O/o. Ambattur Taluk Office, Ambattur, Chennai-600 053.

4.The Tahsildar, O/o. Ambattur Taluk Office, Ambattur, Chennai-600 053 +1cc to Mr.V. Jaishankar, Advocate, S.R.No.40691 +1cc to the Government Pleader, S.R.No.40865 AD(CO) EU(08/08/2016) W.P.No.24111 of 2016