K.Venkatasubbaraju v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.09.2021

CORAM:

THE HON'BLE MRS. JUSTICE V.BHAVANI SUBBAROYAN W.P. No.21072 of 2021 K. Venkatasubbaraju ... Petitioner -Vs1. The District Collector, District Collectorate, Tiruvallur District, Tiruvallur.

2. The Revenue Divisional Officer, Office of Revenue Divisional Officer, Ponneri Taluk, Tiruvallur District - 601 204.

3. The Tahsildar, Gummudipoondi Taluk, Tiruvallur District - 601 201.

4. Mr. Nagaraj ... Respondents PRAYER: This Petition is filed under Article 226 of the Constitution of India, praying for the issue a Writ of Mandamus, directing the respondents herein to consider the petitioner's representation dated 18.11.2020 acknowledged by the respondents and comply with the genuine request made therein within a stipulate period as fixed by this Court and pass orders accordingly.

For Petitioner : Mr. V. Ramanareddy For Respondents-1-3 : Mr.Yogesh Kannadasan (Government Advocate) For Respondent 4 : No Appearance

O R D E R

The relief sought for in this writ petition is for a direction to the respondents 1 to 3 to consider the petitioner's representation dated 18.11.2020 within a stipulate period as fixed by this Court and pass orders accordingly.

2. The learned counsel for the petitioner would submit that there is omission of Survey No.606/10 with an extent of 1 Are in the Computer Patta while the petitioner's son had purchased two house site plots bearing Survey Nos.606/10 and 606/6B3 an extent of 1 Are each, with a total extent of 2 Ares at No.75, Vevekananda Nagar, Old Gummidipoondi Village, Gummidipoondi Taluk, Tiruvallur Distrct. As the petitioner's son died, the petitioner being one of his legal heirs has submitted representation dated 18.11.2020 to correct the Patta as per the Sale Deed dated 31.03.2004 in Document No.765 of 204 on the file of the SRO, Gummidipoondi since the patta has been wrongly issued in the name of the 4th respondent for the said Survey No.606/10. As there is no action taken on his representation dated 18.11.

2020, the petitioner is left with no other alternative remedy except to approach this Court by invoking its jurisdiction under Article 226 of Constitution of India seeking for issue a Writ of Mandamus directing the respondents 1 to 3 to consider his representation dated 18.11.2020 within a time frame as fixed by this Court.

3. The learned Government Advocate for the respondents 1 to 3 would submit that the respondents 1 to 3 may be directed to consider his representation dated 18.11.2020 within a stipulated period as fixed by this Court after verifying the documents relied by the petitioner herein.

4. Heard the learned counsel for the petitioner and the learned Government Advocate for the respondents 1 to 3 as well as perused the material available on records.

5. Having considered the facts and circumstances of the case and submissions made by the learned counsel for both sides, this Court without expressing any opinion with regard to merits of the case directs the respondents 1 to 3 to consider the representation dated 18.11.2020 made by the petitioner herein within a period of four months from the date of receipt of copy of this order after verifying the related documents placed by the petitioner herein in accordance with law.

6. With the aforesaid directions, this Writ petition is disposed of. Consequently, connected miscellaneous petition is closed if any. There shall be no order as to costs. Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar Lbm To:

1. The District Collector, District Collectorate, Tiruvallur District, Tiruvallur.

2. The Revenue Divisional Officer, Office of Revenue Divisional Officer, Ponneri Taluk, Tiruvallur District - 601 204.

3. The Tahsildar, Gummudipoondi Taluk, Tiruvallur District - 601 201.

+1cc to Mr.V.Ramana Reddy, Advocate, S.R.No.50740 +1cc to the Government Pleader, S.R.No.51605 W.P. No.21072 of 2021 GPL(CO) SU(17/12/2021)