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Madras High CourtWP/33708/2016disposed of

G.Subramani, S/O.Govindasamy, v. The Tahsildar,

2016-09-26Honourable Mr Justice T. S. Sivagnanam2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26.09.2016 C O R A M THE HON'BLE Mr.JUSTICE T.S.SIVAGNANAM W.P.No.33708 of 2016 G.Subramani ... Petitioner Vs

1. The Tahsildar, Thirukazhukundram, Kanchipuram District.

2. The Revenue Divisional Officer, Chengalpet, Kanchipuram District.

3. The District Revenue Officer, Kanchipuram, Kanchipuram District.

... Respondents Prayer: Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus or any other Writ or order or direction, directing the respondents to dispose of the petitioner / representation dated 21.11.2013 based on the 1st respondent report dated 26.10.2015, within time frame by this Hon'ble Court .

For Petitioner : Mr.K.Mohamed Hussen For Respondents : Mr.C.C.Rangarajan Government Advocate

ORDER

Heard Mr.K.Mohamed Hussen, learned counsel for the petitioner and Mr.C.C.Rangarajan, learned Government Advocate who accepts notice on behalf of the respondents and with the consent on either side, the writ petition is taken up for final disposa.l.

The petitioner is before this Court for the second time for the same relief. Earlier, the petitioner filed WP.No.11642/2014 for a direction to the authorities to consider his application for grant of patta and the said writ petition https://hcservices.ecourts.gov.in/hcservices/

was disposed of vide order dated 20.01.2015 fixing a time frame, within which the authorities should act. Since the said order of this Court was not complied with, the petitioner filed a contempt petition in Cont.P.No.2191/2015, pursuant to which, it appears that the Tahsildar had given the written instructions to the learned Additional Government Pleader on 26.10.2015 stating that a report has been prepared. Recording the same, the contempt petition was closed on 27.10.2015. Now, the petitioner is still in the same position and has not been granted patta. The Revenue Divisional Officer, Chengalpattu, vide communication dated 09.01.2016, has directed the Tahsildar, Thirukazhukundram, to furnish certain documents. It appears that the Tahsildar, conducted an enquiry pursuant to which, nothing transpired thereafter. Therefore, the petitioner has given another representation on 27.04.2016.

In the light of the above, there will be a direction to the 1st respondent to consider the petitioner's representation dated 27.04.2016 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, making it clear that if the order is not complied with, action for contempt will be initiated and this time, the action will be severe. 4.The writ petition is disposed of with the above directions. No costs.

Sd/- Assistant Registrar(J) //True Copy// Sub Assistant Registrar To

1. The Tahsildar, Thirukazhukundram, Kanchipuram District.

2. The Revenue Divisional Officer, Chengalpet, Kanchipuram District.

3. The District Revenue Officer, Kanchipuram, Kanchipuram District.

+1cc to Mr.K.Mohamed Hussen, Advocate, S.R.No.55098 +1cc to the Government Pleader, S.R.No.55633 W.P.No.33708 of 2016 (CO)NR CP(24/10/2016) https://hcservices.ecourts.gov.in/hcservices/