Sundararaj v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 14.09.2022 CORAM :
THE HONOURABLE MR. JUSTICE M.DHANDAPANI Writ Petition No.27023 of 2022 Sundaraj ... Petitioner Vs.
1.The District Collector, Chengalpattu District, Chengalpattu.
2.Revenue Divisional Officer, Tambaram Zone, Chennai - 600 045.
3.Ranjitham Ammal ... Respondents PRAYER: Writ Petition filed under Article 226 of Constitution of India, praying for issuance of Writ of Mandamus, directing the second respondent to consider petitioner's representation dated 27.07.2022 & 22.08.2022 to cancel the Town Survey Land Register issued in favour of 3rd respondent in Selayur Village in Old S.No.251/3A now New T.S.No.15/1 & Old S.No.325/2A2 now New T.S.No.16/2.
For Petitioner :
Mr.S.Gowsik Sundar For Respondent 1 & 2 :
Mr.U.Bharanidharan, Page No.1 of 6
Additional Government Pleader
O R D E R
The petitioner has filed this petition seeking for issuance of Writ of Mandamus, directing the second respondent to consider petitioner's representation dated 27.07.2022 & 22.08.2022 to cancel the Town Survey Land Register issued in favour of 3rd respondent in Selayur Village in Old S.No.251/3A now New T.S.No.15/1 & Old S.No.325/2A2 now New T.S.No.16/2.
2. Since no adverse order is being passed against the third respondent, notice to the third respondent is dispensed with.
3. The case of the petitioner is that the petitioner's father purchased the property in S.No.325/2B & 325/2A2 comprising about 33 cents. After the demise of petitioner's father, the said property was enjoyed by the legal heirs of the petitioner's father. This being the case, the above mentioned property has been transferred to one Mrs.Ranjitham Ammal, who is stranger to the land and having no right or possession over the property. Therefore, the Page No.2 of 6
petitioner made representations dated 27.07.2022 & 22.08.2022 before the official respondents to cancel the patta in the name of the 3rd respondent, however, till date, no order was passed.
4. Though very many grounds have been raised in this Writ Petition, learned counsel for the petitioner submitted that, it would suffice, if this Court issues direction to the respondents to consider the petitioner's representations dated 27.07.2022 & 22.08.2022 and pass orders on merits within a particular time frame to be fixed by this Court.
5. The learned Special Government Pleader appearing for the respondents has no objection for said order being passed.
6. Heard the learned counsel on either side and perused the materials placed on record.
7. Taking into consideration the factual aspects of the matter, this Court without going into the merits of the case, directs respondents to Page No.3 of 6
consider the petitioner's representation dated 27.07.2022 & 22.08.2022 and pass appropriate orders on merits and in accordance with law, after affording an opportunity of hearing to the petitioner as well as the third respondent, within a period of twelve weeks from the date of receipt of a copy of this order.
8. With the above observation and direction, this Writ Petition is disposed of. No costs.
13.10.2022 vm Index :
Yes/No Speaking Order :
Yes/No To:
1.The District Collector, Chengalpattu District, Chengalpattu.
2.Revenue Divisional Officer, Tambaram Zone, Chennai - 600 045.
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M.DHANDAPANI,J.
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