N.Mohan, v. The District Collector,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated :: 19.9.2016

CORAM:

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM W.P.No.32584 of 2016 N.Mohan ...

petitioner Vs 1 The District Collector Thiruvallur District Thiruvallur.

2 The Tahsildar Ponneri Taluk Office Ponneri Taluk Thiruvallur District.

...

Respondents Writ Petition filed under Art.226 of the Constitution of India praying for a Writ of Mandamus directing the second respondent to issue patta in favour of the petitioner based on his representation dated 20.06.2016 For petitioner ...

Mr.M.Selvam For respondents ...

Mr.R.S.Selvam, Government Advocate

O R D E R

Heard Thiru.M.Selvam, learned counsel for the petitioner and Thiru.R.S.Selvam, learned counsel for the respondents.

2. With the consent of either side, the Writ Petition itself is taken up for disposal.

3. The petitioner seeks for a direction upon the second respondent to grant patta in his favour, by placing reliance on the release deed dated 15.6.2016, registered as Document No.4975 of 2016, SRO, Red Hills.

4. According to the petitioner, by virtue of the said document, his mother, brother and sister have released their respective shares/interest in the property concerned, in his favour and therefore, the petitioner claims to have become the absolute owner. However, these facts cannot be verified, since the petitioner has not impleaded the other co-owners of the property, who are said to have given release deed. Since the https://hcservices.ecourts.gov.in/hcservices/

petitioner's application was not considered, he made a representation to the first respondent, who has directed the second respondent to consider the grievance of the petitioner by proceedings in Na.Ka.14087/ 2016/A2 dated 19.7.2016. Since the matter is now pending consideration of the second respondent, it would be appropriate for the second respondent to pass orders on merits and in accordance with law, after conducting enquiry.

5. In the light of the above, the second respondent is directed to conduct enquiry on the petitioner's representation and pass appropriate orders on merits within a period of twelve weeks from the date of receipt of a copy of this order.

6. The Writ Petition is disposed of accordingly. No costs. Sd/- Asst. Registrar.

/true copy/ Sub Asst. Registrar.

tar To 1 The District Collector Thiruvallur District Thiruvallur.

2 The Tahsildar Ponneri Taluk Office Ponneri Taluk Thiruvallur District.

+1 CC to Mr. M. Selvam, Advocate Sr.No.52900 +1 CC to Government Pleader, High Court, Madras Sr.No.53155 W.P.No.32584 of 2016 CP (CO) MD : 07/10/2016 https://hcservices.ecourts.gov.in/hcservices/