V.Sakkarabani v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26.07.2016

CORAM

THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN W.P.No.25988 of 2016 & WMP.No.22238 of 2016 V.Sakkarabani ... Petitioner

Versus

1. The District Collector Kancheepuram District Kancheepuram.

2. The Tahsildar Cheyyur Taluk, Cheyyur Kancheepuram District.

3. The Village Administrative Officer Nerkunapattu Village, Cheyyur Taluk Kancheepuram District.

4. Munusamy

5. Delli Babu [Minor], S/o.Munusamy rep. by his mother & natural guardian Uma Maheswari

6. Saravanan [Minor], S/o.Munusamy rep. by his mother & natural guardian Uma Maheswari.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, seeking for a writ of mandamus directing the respondents to consider the representation of the petitioner dated 15.06.2016 to cancel the patta No.365 for 13 cents to an extent of 13 cents stands in the name of 4th respondent and issue a separate patta for 6 1⁄2 cents in favour of the petitioner.

For Petitioner : Mr.M.Muthusamy For RR 1 to 3 : Mr.R.Govindasamy, Special Government Pleader

ORDER

By consent, the writ petition is taken up for final disposal.

2. The petitioner would state that he is residing in Gramanatham Old Survey No.220 [part], New Survey No.318/2, Nerkunapattu village, Cheyyur Taluk, Kancheepuram District, admeasuring to an extent of 6 1⁄2 cents out of 13 cents and according to him the 4th respondent had obtained a separate patta for a total extent of 13 cents, which includes 6 1⁄2 cents of the land in possession of the petitioner in S.No.318/2. The petitioner, in this regard, has submitted a representation dated 15.06.2016 to cancel the patta granted in favour of the 4th respondent for an extent of 13 cents in the said survey number and since no response is forthcoming, he came forward to file the present writ petition.

3. Heard the submissions of the learned counsel for the petitioner and Mr.R.Govindasamy, learned Special Government Pleader who accepts notice on behalf of the respondents 1 to 3.

4. Though the petitioner has prayed for a larger relief, this Court, in the light of the above facts and circumstances and without going into the merits of the same, directs the 2nd respondent to consider and dispose of the petitioner's representation dated 15.06.2016 on merits and in accordance with law, after putting on notice, the respondents 4 to 6 and pass orders within a period of twelve weeks from the date of receipt of a copy of this order and communicate the decision taken, to the petitioner as well as to the respondents 4 to 6.

5. The writ petition is disposed of accordingly. No costs. Consequently, the connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar AP To

1. The District Collector Kancheepuram District Kancheepuram.

2. The Tahsildar Cheyyur Taluk, Cheyyur Kancheepuram District.

3. The Village Administrative Officer Nerkunapattu Village, Cheyyur Taluk Kancheepuram District.

+1cc to Mr.M.Muthusamy, Advocate, S.R.No.42218 +1cc to the Government Pleader, S.R.No.42402 W.P.No.25988 of 2016 SR(CO) CA(05/08/2016)