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Madras High CourtWP/19988/2013disposed of

V.Kamakakannan v. The Assistant Settlement

2015-02-16Honourable Mr Justice T. S. Sivagnanam3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 16.02.2015

CORAM

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM WP.No.19988/2013 V.Kamlakannan ..

Petitioner

Versus

1.The Assistant Settlment Officer [North] O/o.The Principal Secretary & Commissioner of Land Survey and Settlement, Chepauk Chennai 600 005.

2.The Tahsildar Taluk Office Thirukazhukundram, Kancheepuram District.

..

Respondents Writ petition filed under Article 226 of the Constitution of India praying for a writ of mandamus directing the 2nd respondent to implement the order SR18/2011/E2/10618/2011/Lawxxvi/1948 dated 16.02.2012 as per petitioner representations dated 07.03.2012 and 19.12.2012 and 14.05.2013 by making necessary changes in the Village and Taluk Accounts, in view of the order passed by this Court in WP.No.6383/2010 dated 29.09.2010 and WP.No.29465/2012 dated 02.11.2012 and thereby issue a patta in respect of the Land measuring to an extent of 29.04 hectare comprised in Survey Nos.128/3, 157/1, 158/1, 159/3 situated at Neikuppi village, Thirukazhukundram Taluk, Kancheepuram District in favour of the petitioner.

For Petitioner :

M/s.Rajendiran For RR 1 & 2 :

Mr.R.Vijayakumar, AGP

ORDER

Heard M/s.Rajendiran, learned counsel for the petitioner ; Mr.R.Vijayakumar, learned Additional Government Pleader appearing for the respondents and perused the material available on record. 2.The petitioner has filed this writ petition seeking for a writ of mandamus to direct the 2nd respondent to implement the order SR18/2011/E2/10618/2011/Lawxxvi/1948 dated 16.02.2012 as per

petitioner representations dated 07.03.2012 and 19.12.2012 and 14.05.2013 by making necessary changes in the Village and Taluk Accounts, in view of the order passed by this Court in WP.No.6383/2010 dated 29.09.2010 and WP.No.29465/2012 dated 02.11.2012 and thereby issue a patta in respect of the Land measuring to an extent of 29.04 hectare comprised in Survey Nos.128/3, 157/1, 158/1, 159/3 situated at Neikuppi village, Thirukazhukundram Taluk, Kancheepuram District in favour of the petitioner.

3.When the matter was posted for admission on 22.07.2013, the Additional Government Pleader was directed to take notice for the respondents and to get instructions as to whether any appeal is filed against the order of the 1st respondent dated 16.02.2012. 4.The learned Additional Government Pleader appearing for the respondents on instructions from the 2nd respondent submitted that no appeal is filed against the said order of the 1st respondent. 5.In view of the said submission, there is no legal impediment to pass an order in the applications submitted by the petitioner seeking implementation of the order dated 16.02.2012. Hence, the 2nd respondent is directed to implement the said order of the 1st respondent as requested by the petitioner in his representations dated 07.03.2012 and 19.12.2012 and 14.05.2013 within a period of eight weeks from the date of receipt of a copy of this order. 6.The writ petition is disposed of with the above direction. No costs.

Sd/- Asst.Registrar (CO) /true copy/ Sub Asst. Registrar AP To 1.The Assistant Settlment Officer [North] O/o.The Principal Secretary & Commissioner of Land Survey and Settlement, Chepauk Chennai 600 005.

2.The Tahsildar Taluk Office Thirukazhukundram, Kancheepuram District.

3. The Additional Government Pleader, High Court, Madras 1 cc to Mr.M. Rajendiran, Advocate, Sr. 8104 WP.No.19988/2013 BR (CO) kk 25/2