K.Mani, v. The District Collector,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 22.09.2016
CORAM:
THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM W.P.No.33357 of 2016 K.Mani ... Petitioner Vs.
1. The District Collector Tiruvannamalai District, Tiruvannamalai.
2. The District Revenue Officer Tiruvannamalai District, Tiruvannamalai.
3. The Revenue Divisional Officer Tiruvannamalai.
4. The Tahsildar Chetpet, Tiruvannamalai District.
... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of mandamus, directing the fourth respondent to consider and pass orders on the representation dated 04.07.2016, made by the petitioner regarding inclusion of the name of the petitioner in the patta bearing No.1576 pertaining to the property situated at Kothapattu, Chetpet Taluk, Tiruvannamalai District to an extent of 28 cents comprised in Village S.No.345/9, Old S.No.331/A and new S.No.528/25, half share in house property within the time to be stipulated by this Court.
For Petitioner : Mr.R.Chandrasekaran For Respondents : Mr.A.N.Thambidurai Special Government Pleader
O R D E R
Heard Mr.R.Chandrasekaran, learned counsel is appearing for the petitioner and Mr.A.N.Thambidurai, learned Special Government Pleader, appearing for the respondents and with the consent of the learned counsel appearing on either side, the Writ Petition itself is taken up for final disposal.
2.This Writ Petition has been filed for directing the fourth respondent to consider and pass orders on the representation dated 04.07.2016, made by him regarding inclusion of his name in the patta bearing No.1576 pertaining to the property situated at Kothapattu, Chetpet Taluk, Tiruvannamalai District to an extent of 28 cents comprised in Village S.No.345/9, Old S.No.331/A and new S.No.528/25, half share in house property. 3.In this Writ Petition, the petitioner has not impleaded the other co-pattadars. Therefore, no positive direction can be granted, as sought for by the petitioner and the Writ Petition is liable to be rejected. However, it is seen that the petitioner's representation has been forwarded by the District Collector to the Tahsildar, for appropriate action vide memo dated 4.3.2015.
4.In the light of the above, while declining to grant any positive direction, the fourth respondent is directed to comply with the directions issued by the District Collector, vide his Memo dated 04.03.2016, after notice to the parties concerned, conduct an enquiry, and thereafter pass orders on merits and in accordance with law, within a period of three weeks. The Writ Petition is dismissed on the above terms. No costs. Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar rpa To
1. The District Collector Tiruvannamalai District, Tiruvannamalai.
2. The District Revenue Officer Tiruvannamalai District, Tiruvannamalai.
3. The Revenue Divisional Officer Tiruvannamalai.
4. The Tahsildar Chetpet, Tiruvannamalai District.
+1cc to Mr.R.Chandrasekaran, Advocate, S.R.No.53985 +1cc to the Government Pleader, S.R.No.54487 W.P.No.33357 of 2016 RSK(CO) CA(04/10/2016)