Madras High CourtWP/33519/2016disposed of

K.Annamalai v. The Tashildar

2016-09-23Honourable Mr Justice T. S. Sivagnanam2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.09.2016

CORAM

THE HONOURABLE Mr. JUSTICE T.S.SIVAGNANAM W.P.No.33519 of 2016 K.Annamalai ..Petitioner ..Vs..

The Tahsildar, District Collectorate Office, Chengam-606 701.

...Respondent

Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus or any other appropriate Writ, order or direction, directing the respondent dispose of representation by petitioner dated 14.07.2016. For Petitioner : Mr.V.Raghavachari for S.Ravichandran For Respondent : Mr.S.V.Duraisolaimalai Addl. Government Pleader

ORDER

Heard Mr.V.Raghavachari, learned counsel for the petitioner and Mr.S.V.Durai Solaimalai, learned Additional Government Pleader accepting notice on behalf of the respondent and with the consent on either side, the writ petition is taken up for final disposal.

The petitioner seeks for a direction upon the respondent to consider his representation dated 14.07.2016. The petitioner would contend that the patta granted in favour of one Mani is illegal in the light of the fact that civil proceedings initiated by the said Mani in OS.No.161/1997 on the file of the Principal District Munsif Court, Chengam, was dismissed vide judgment and decree dated 28.02.2011, confirmed in AS.No.15/2011 on the file of the Principal Sub Court, Tiruvannamalai, vide judgment and decree dated 07.02.2012 and confirmed by this Court in SA.No.882/2013 vide judgment and decree dated 27.09.2013. However, in this writ petition, the petitioner has not impleaded the said Mani as the respondent. https://hcservices.ecourts.gov.in/hcservices/

Be that as it may, it is always open to the respondent to consider the facts, issue notice to the petitioner and the existing pattadhar, viz., Mani, and conduct an enquiry and pass orders on merits and in accordance with law. In the light of the above, the writ petition stands disposed of by directing the respondent to consider the representation of the petitioner dated 14.07.2016, issue notice to the petitioner as well as to the said Mani and pass orders on merits and in accordance with law within a period of twelve weeks from the date of receipt of a copy of this order. The writ petition is disposed of with the above directions. No costs.

-s/dAssistant Registrar True Copy Sub-Assistant Registrar AP To The Tahsildar, District Collectorate Office, Chengam-606 7y01.

+1 cc to Mr.S.Ravichandran Advocate sr 54662 W.P.Nos.33519 of 2016 aa17/10/2016 https://hcservices.ecourts.gov.in/hcservices/