C.Sivakumar v. The Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:30.08.2016

CORAM

The Honourable MR. JUSTICE M.SATHYANARAYANAN W.P.No.30054 of 2016 C.Sivakumar ... Petitioner Vs 1 The Collector, Thiruvallur District, Thiruvallur-602 001.

2 The District Revenue Officer, Thiruvallur District, Thiruvallur-602 001.

3 The Tahsildar Avadi Taluk, Avadi, Chennai-54.

4 The Village Administrative Officer, Vellanoor Village, Kollumedu, Chennai-600 062.

... Respondents Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of Mandamus directing the 3rd respondent herein to consider the representation dated 02.08.2016.

For Petitioner : Mr.D.Saikumaran For Respondents : Mr.S.Navaneethan Additional Government Pleader

ORDER

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

The petitioner would claim that his father had purchased a landed property admeasuring to an extent of 82 cents comprised in S.No.445/1, Vellanoor Village, Saidapet Taluk, Chengalapattu District, through a registered Sale Deed bearing Document No.2099/1970 dated 19.08.1970 registered on the file of the office of the Sub Registrar, Chengalpattu, and was in possession and enjoyment of the same by doing agricultural operation and after his demise, the petitioner and his three brothers and three sisters, had succeeded to the estate and subsequently, there was an oral partition, in and by which, the above said property was allotted to the petitioner herein. The petitioner, on a perusal of the https://hcservices.ecourts.gov.in/hcservices/

document, came to know that patta was not obtained by his father and since he is the successor in interest in respect of the property, through a representation dated 02.08.2016, submitted to the 3rd respondent, prayed for issuance of patta and though it was received and acknowledged, no response is forthcoming and hence, came forward to file the present writ petition.

Heard the learned counsel for the petitioner and Mr.S.Navaneethan, learned Additional Government Pleader who accepts notice on behalf of respondents.

Though the petitioner has prayed for a larger relief, this Court, in the light of the facts and circumstances and without going in to the merits of the same, permits the petitioner to submit an application along with a copy of this order, in a proper format along with necessary fees to the 3rd respondent within a period of two weeks from the date of receipt of a copy of this order and the 3rd respondent, on receipt of the same, is directed to consider the said application, if it is otherwise in order and pass orders in accordance with law, after putting on notice, the person/s concerned within a further period of ten weeks thereafter and communicate the decision taken, to the petitioner as well as to the person/s concerned. The writ petition is disposed of accordingly. No costs.

Sd/- Assistant Registrar(V) //True Copy// Sub Assistant Registrar AP To 1 The Collector, Thiruvallur District, Thiruvallur-602 001.

2 The District Revenue Officer, Thiruvallur District, Thiruvallur-602 001.

3 The Tahsildar Avadi Taluk, Avadi, Chennai-54.

4 The Village Administrative Officer, Vellanoor Village, Kollumedu, Chennai-600 062.

+ 1cc to M/s. D. Saikumar, Advocate SR.49227 + 1 cc to Government Pleader Sr.49312 W.P.No.30054 of 2016 VGI(CO) Eu 07/09/16 https://hcservices.ecourts.gov.in/hcservices/