Madras High CourtWP/30151/2016disposed of

Vaibhav Daga, v. The District Collector,

2017-07-12Honourable Mr Justice M.Duraiswamy3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.07.2017

CORAM

THE HON'BLE Mr. JUSTICE M.DURAISWAMY W.P.No.30151 of 2016 Vaibhav Daga ... Petitioner Vs.

1.The District Collector, Kancheepuram District, Kancheepuram.

2.The Special Tahsildar, Kancheepuram District, Town and Planning Place, Kancheepuram.

3.The Deputy Surveyor, Kancheepuram District, Kancheepuram.

4.The Poojari (Parambarai Dharmakartha), Punniyakotteswarar Temple, Kancheepuram.

... Respondents Petition filed under Article 226 of The Constitution of India praying to issue a writ of mandamus directing the respondents to consider the petitioner's representation dated 27.04.2016 to cancel the patta issued in S.R.No.1247/1, 1247/9 & 1148, Ward No.1, Block No.38 at Kancheepuram District and issue patta on the name of the Radhakrishnan Charities.

For Petitioner : Mr.K.T.Sankar Subramanian for Dr.K.Sundararaj For Respondents: Mr.R.Rajeswaran, Special Government Pleader (R1 to R3) R4 - no appearance

O R D E R

The petitioner has filed the above Writ Petition to issue a writ of mandamus directing the respondents to consider the petitioner's representation dated 27.04.2016 to cancel the patta issued in S.R.No.1247/1, 1247/9 & 1148,

Ward No.1, Block No.38 at Kancheepuram District and issue patta on the name of the Radhakrishnan Charities. 2.The learned counsel appearing for the petitioner submitted that inspite of the petitioner's representation dated 27.04.2016, the 2nd respondent has not considered the same and passed any order so far.

3.Mr.R.Rajeswaran, learned Special Government Pleader appearing for the respondents 1 to 3 submitted that the petitioner has to file an Appeal as against the order passed by the 2nd respondent before the concerned Revenue Divisional Officer.

4.In view of the submissions made by the learned counsel on either side, I give liberty to the petitioner to challenge the order passed by the 2nd respondent before the concerned jurisdictional Revenue Divisional Officer in accordance with law. In the event of the petitioner filing an Appeal before the Revenue Divisional Officer, the Revenue Divisional Officer is directed to consider the same and pass orders in accordance with law after giving an opportunity to all the interested parties.

5.With these observations, the Writ Petition is disposed of. No costs.

Sd/- Asst.Registrar (CO) /true copy/ Sub Asst. Registrar va To 1.The District Collector, Kancheepuram District, Kancheepuram.

2.The Special Tahsildar, Kancheepuram District, Town and Planning Place, Kancheepuram.

3.The Deputy Surveyor, Kancheepuram District, Kancheepuram.

4.The Revenue Divisional Officer, Kancheepuram +1cc to Government Pleader sr.49718 +2ccs to Mr.K.Sundaraj,Advocate sr.49148 W.P.No.30151 of 2016 pa(co) ss(21/7/2017)