Madras High CourtWP/24064/2024disposed of

K.Dharmalingam v. The District Collector

2024-08-23Honourable Mr Justice S. Sounthar6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.08.2024

CORAM

THE HONOURABLE MR.JUSTICE S.SOUNTHAR K.Dharmalingam ... Petitioner Vs.

1.The District Collector, Chengalpattu District, Chengalpattu.

2.The Revenue Divisional Officer, Chengalpattu.

3.The Tahsildar, Vandalur Taluk, Vandalu.

... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to consider the petitioner's representations dated 24.04.2024, 17.05.2024 and 11.06.2024 and include the name of the petitioner and the other legal heirs of Late.Duraisamy Naicker and Late.Kannappa Naicker in the New Joint Patta No.659 with respect of Land Comprised in Survey Nos.390/1 and 1/6

390/2 of Kalvoi Village, Vandalur Taluk, Chengalpattu District, within the time ad may be fixed by this Court.

For Petitioner : Mr.M.Muthappan For Respondents : Mr.A.Selvendran Special Government Pleader

O R D E R

The petitioner herein seeks a direction to the respondents to consider his representations dated 24.04.2024, 17.05.2024 and 11.06.2024 for inclusion of his name and also the names of legal heirs of Duraisamy Naicker in respect of the land covered by Patta No.659 in Survey Nos.390/1 and 390/2 of Kalvoi Village, Vandalur Taluk, Chengalpattu District. 2.According to the petitioner, the total extent available in Survey No. 390 was 11 acres 74 cents and Patta was issued in the name of 16 persons including the name of petitioner's grand father, Duraisamy Naicker. However, in the later patta issued on 20.02.2009, the name of the petitioner's grand father, Duraisamy Naicker was found missing. Therefore, 2/6

the petitioner's brothers have been making various representations seeking inclusion of names of legal heirs of Duraisamy Naicker in the Patta. The same has not been considered. The last of the representation of the petitioner dated 11.06.2024 submitted to the 3rd respondent is still pending consideration. Therefore, the petitioner is before this Court.

3. Mr.M.Muthappan, learned Special Government Pleader, who is taking notice for the respondents would submit that the representation of the petitioner dated 11.06.2024 will be considered on its own merit within the time fixed by this Court.

4. In view of the same, without going into the merits of the claim made by the petitioner, this Court is inclined to direct the 3rd respondent to consider the representation of the petitioner dated 11.06.2024 on its own merit and pass final orders within a period of twelve weeks from the date of receipt of a copy of this order, after issuing notice to the petitioner and other patta holders.

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5. With the above direction, the Writ Petition stands disposed of. No costs.

23.08.2024 kkn Index : Yes/No Speaking order:Yes/No 4/6

To 1.The District Collector, Chengalpattu District, Chengalpattu.

2.The Revenue Divisional Officer, Chengalpattu.

3.The Tahsildar, Vandalur Taluk, Vandalu.

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S.SOUNTHAR, J.

KKN 23.08.2024 6/6