P.Subramani, v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 18.07.2016
CORAM:
THE HONOURABLE MR. JUSTICE M.SATHYANARAYANAN W.P.No.24760 of 2016 and W.M.P.No.21163 of 2016 P.Subramani ... Petitioner Vs.
1.The District Collector, O/o. The District Collector, Sathuvachari, Vellore - 632 009, Vellore District.
2.The Revenue Divisional Officer, Vaniyampadi Taluk, Vellore District.
3.The Tahsildar, Vaniyampadi Taluk, Vellore District.
4.The Village Administrative Officer, Valayampattu, Vaniyambadi Taluk, Vellore District.
5.The Authorized Officer, Civil Supplies and Consumer Protection Department, Vellore District.
... Respondents Writ Petition filed under Article 226 of the Constitution of India, for the issuance of Writ of Mandamus forbearing the respondents from interfering with the petitioner's patta property situated in Survey No.259/1 and 2, Valayampattu Village, Vaniyambadi Taluk, Vellore District to an extent of 0.74.5 ares except due process of law.
For Petitioner : Mr.A.Rajesh Kanna For Respondents: Mr.P.Sanjay Gandhi, Additional Government Pleader.
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O R D E R
By consent, the writ petition itself is taken up for final disposal.
2. The petitioner along with his brothers and sisters, were issued with patta No.498 in respect of the lands situated in S.Nos.249 and 259 at Valayampattu Village, Vaniyampadi Taluk, Vellore District and claim to be in possession and enjoyment of the same. The grievance expressed by the petitioner is that without putting them on notice, whatsoever, the respondents 3 to 5 had barged upon the said land and started measuring the land and in this regard, has submitted a representation dated 11.07.2016 to the first respondent with the copy marked to the respondents 2 and 3 and since no orders have been passed, came forward to file this writ petition.
3. Heard the submissions of Mr.A.Rajesh Kanna, learned counsel appearing for the petitioner and Mr.P.Sanjay Gandhi, learned Additional Government Pleader, who accepts notice on behalf of the respondents.
4. Though the petitioner prayed for the larger relief, this Court, in the light of the facts and circumstances and without going into the merits of the claim projected by the petitioner, permits the petitioner to submit one more representation to the respondents 2 and 3 within a period of two weeks from the date of receipt of a copy of this order, by enclosing the necessary documents and the second respondent, on receipt of the same, is directed to consider the said representation in accordance with law after putting on notice the 5th respondent and pass orders within a period of six weeks thereafter and communicate the decision taken, to the petitioner and till then, shall not disturb the possession by the petitioner and other patadhars. The Writ Petition is disposed of accordingly. No costs. Consequently, connected miscellaneous petition is closed. -s/dAssistant Registrar True Copy Sub-Assistant Registrar
To 1.The District Collector, O/o. The District Collector, Sathuvachari, Vellore - 632 009, Vellore District.
2.The Revenue Divisional Officer, Vaniyampadi Taluk, Vellore District.
3.The Tahsildar, Vaniyampadi Taluk, Vellore District.
4.The Village Administrative Officer, Valayampattu, Vaniyambadi Taluk, Vellore District.
5.The Authorized Officer, Civil Supplies and Consumer Protection Department, Vellore District.
+1 cc to Mr.A.Rajeshkanna Advocate sr 40147 Writ Petition No.24760 of 2016 aa27/07/2016