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Madras High CourtWP/26591/2019disposed of

K.Subramanian v. The District Collector

2019-09-05Honourable Dr Justice G. Jayachandran2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 05.09.2019 Coram:

THE HONOURABLE DR. JUSTICE G. JAYACHANDRAN Writ Petition No.26591 of 2019 K.Subramanian .. Petitioner /versus/ 1.The District Collector, Thiruvannamalai District, Thiruvannamalai.

2.The Tahsildar, Vandavasi Taluk, Thiruvannamalai District.

3.K.Venkatesan .. Respondents Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents to consider and dispose the representation of the petitioner dated 07.08.2019 and pass appropriate orders within a time that may be stipulated by this Honourable Court.

For Petitioner :M/s.M.Babu Muthu Meeran For Respondents :Mr.D.Raja, AGP for R1 and R2 -----

O R D E R

By consent, the main writ petition itself is taken up for final disposal at the admission stage itself.

2. Heard learned counsel appearing for the petitioner and learned Additional Government Pleader, who takes notice on behalf of respondents 1 and 2. 3.The prayer in the writ petition is to issue a Writ of Mandamus directing the respondents 1 and 2 to consider and dispose the representation of the petitioner dated 07.08.2019 and pass appropriate orders within a time that may be stipulated by this Court.

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4. The petitioner submits that the third respondent through forged document has obtained patta bearing No.1890 for the land owned by the petitioner. Hence, he has given a representation on 07.08.2019 to cancel the patta issued in favour of the third respondent Venkatesan. In this writ petition, he seeks direction to respondents 1 and 2 to consider his representation dated 07.08.2019 and pass orders on merits within the stipulated time.

5. In the representation, the petitioner has stated that the property held by his father Kandasamy Gounder was divided between the three legal heirs through family arrangement and all the three legal heirs were enjoying their respective properties for long time. However, fraudulently the third respondent claiming himself as son of Kandasamy has got patta of their land. In the representation, this Court does not find any enclosure of document for the respondents to consider the representation of the petitioner.

6. Hence, this writ petition is disposed of with a direction to the petitioner herein to give a fresh representation with all relevant documents and if such representation is received, respondents 1 and 2 shall cause enquiry and pass orders in accordance with law, within a period of eight weeks from the date of receipt of the representation along with necessary documents. No costs.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar ari To:

1.The District Collector, Thiruvannamalai District, Thiruvannamalai.

2.The Tahsildar, Vandavasi Taluk, Thiruvannamalai District.

+1cc to Mr.Balu muthu meeran , Advocate SR.No. 76776 W.P.No.26591 of 2019 A.SK(09/09/2019) https://hcservices.ecourts.gov.in/hcservices/