Subramaniam v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.07.2018

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P.No.18528 of 2010 and MP.No.1 of 2010

1. Subramanian

2. Munusamy

3. Annamalai

4. Ravi ... Petitioners Vs.

1. The District Collector, Vellore Taluk and District.

2. Tahsildhar, Vellore Taluk and District.

3. Taluk Surveyor, Taluk Office, Vellore District.

4. Munisamy S/o.Manickam

5. Munisamy S/o.Mari ... Respondents Prayer:Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified mandamus, to call for the patta 1165, S.No.325/7 0.11.50 granted to Munisamy S/o Manickam, Patta No.1164 325/6 0.11.0 granted to Munisamy S/o Mari from the file of 2nd respondent and quash the same and direct the respondents 1 and 2 to grant patta to the petitioners in respect of land in Eraiyankadu Village, Vellore District comprising S.No.325/7 0.11.50 cents and S.No.325/6 0.11.0 cents. For Petitioners : Mrs.R.T.Sundari For R1 to R3 : Mr.J.Ramesh, AGP

O R D E R

The prayer made in this writ petition is to quash Patta No.1165, in respect of the land in S.No.325/7 measuring to an extent of 0.11.50 granted to Munisamy S/o Manickam and Patta No.1164 in respect of the land in S.No.325/6 measuring to an extent of 0.11.0 granted to Munisamy S/o Mari by the second respondent and consequently, direct the respondents 1 and 2 to grant patta to the petitioners in respect of the aforesaid two lands in Eraiyankadu Village, Vellore District. 2.However, when the matter was taken up for consideration, the learned counsel for the petitioners fairly submitted that it would suffice, if the second respondent is directed to consider the representation already submitted by the petitioners with regard to the claim made herein, within a stipulated time to be fixed by this Court.

3.The learned Additional Government Pleader appearing for the respondents has no serious objection in granting such relief to the petitioners. However, he submitted that the petitioners may be directed to give a fresh representation to the second respondent.

4.Considering the facts and circumstances of the case and having regard to the submissions made by the learned counsel on either side, this Court directs the petitioner to submit a fresh representation enclosing all the documents with regard to their claim, to the second respondent within a period of two weeks from the date of receipt of a copy of this order. On such submission, the second respondent shall consider the same and pass appropriate orders, on merits and in accordance with law, after affording an opportunity of personal hearing to the petitioners as well as the necessary parties, within a period of six weeks thereafter.

5.Accordingly, this writ petition stands disposed of. No costs. Consequently, connected Miscellaneous Petition is closed. Sd/- Assistant Registrar(CS IX) //True Copy// Sub Assistant Registrar

rk To

1. The District Collector, Vellore Taluk and District.

2. Tahsildhar, Vellore Taluk and District.

3. Taluk Surveyor, Taluk Office, Vellore District.

+1cc to Mr.R.Margabandhu, Advocate Sr.51705 +1cc to the Government Pleader Sr.50785 W.P.No.18528 of 2010 mr[co] srg 12/09/2018