P.Thiagarajan v. State Of Tamilnadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.11.2016

CORAM:

THE HON'BLE MR.JUSTICE M.S.RAMESH W.P.No.16959 of 2013 P.Thiagarajan ... Petitioner Vs

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

2. The Revenue Divisional Officer, Kancheepuram District, Office of the Collectorate, Kancheepuram.

3. The Tahsildar Chengalpattu Taluk, Chengalpattu.

4. The Village Administrative Officer, No.61, Appur Village, Appur, Chengalpattu Taluk, Kancheepuram District.

5. M/s.E.L.Forge Limited, Rep.by its Managing Director, R.Visweswaran, No.84, Thiruneermalai Road, Chrompet, Chennai 600 044.

6. L.Baskaran

7. L.Sasikumar

8. L.Prabhu (R5 to R8 are impleaded as per Order dated 08.11.2016 in M.P.No.1/2013 in W.P.No.16959/2013) ... Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Mandamus

directing the second respondent viz., the Revenue Divisional Officer, Kancheepuram District, Kancheepuram, to consider the petitioner's representation dated 29.03.2013 and take appropriate action on the same in accordance with law by cancelling the patta issued in the name of M/s.Elforge Company and Mr.Loganathan and issue patta in favour of the petitioner in respect of the total extent of 62 cents of lands in Survey No.1B/2C and 1B/2E, in No.61, Appur Village, Chengalpattu Taluk. For Petitioner : Mr.T.Velumani For R1 to R4 : Mr.R.Govindasamy Special Government Pleader For R 5 to R8 : No Appearance

O R D E R

The petitioner who claims to be the owner of the lands measuring 62 cents in S.Nos.1/B/2C & 1B/2E has given a representation dated 29.03.2013 to the second respondent stating that the patta has been wrongly given in favour of the respondents 5 to 8 and therefore, sought for cancellation. Since the second respondent has not considered the said representation, the petitioner is before this Court.

2. Heard Mr.T.Velumani, learned counsel appearing for the petitioner and Mr.R.Govindasamy, learned Special Government Pleader appearing for the respondents 1 to 4.

3. In view of the limited prayer sought for in this writ petition and without going into the merits of the claim made by the petitioner, there shall be a direction to the second respondent to consider the petitioner's representation dated 29.03.2013 on its own merits and pass orders in accordance with law, within a period of four weeks from the date of receipt of a copy of this order. The second respondent while conducting the said proceedings shall give notice and opportunity of personal hearing to the respondents 5 to 8 as well as the petitioner also. With the above observations, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar

kkd To

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

2. The Revenue Divisional Officer, Kancheepuram District, Office of the Collectorate, Kancheepuram.

3. The Tahsildar Chengalpattu Taluk, Chengalpattu.

+1cc to the Government Pleader, S.R.No.66139 W.P.No.16959 of 2013 VD(CO) CA(29/12/2016)