T.Vedhachalam v. The District Collector,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 13.10.2022
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI T. Vedhachalam
...Petitioner
Vs.
1. The District Collector Office of District Collector, Thiruvallur District, Thiruvallur.
2. The Tahsildar, Pallipattu Taluk Office, Pallipattu Taluk, Thiruvallur District.
3. Muthu
4. Munusamy
...Respondents
Prayer:
Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the second respondent to cancel the patta No.7611 in the name of 3rd Respondent for the property in Survey No. 129/17B, 129/18C an extent of 0.6.00 Acre and patta No.245 in the name of the 4th respondent for the properties in Survey No.129/17A, 129/17B an extent of 0.650 Acre and provide patta to the petitioner for the above 1/5
properties in petitioner's name by considering petitioner's representation dated 18.08.2022 and pass orders.
For Petitioner : Mr.D. Nellaippan For Respondent : Mr. U. Bharanidharan Additional Government Pleader
O R D E R
The petitioner has filed this writ petition seeking a direction to the second respondent to consider his representation dated 18.08.2022 and pass orders.
2. The learned Additional Government Pleader takes notice for the official respondents. In view of the consent expressed by the learned counsel appearing for either side, this petition is taken up for final disposal.
3. Since, no adverse order is being passed as against the private respondent, notice to the private respondent is dispensed with.
4. The case of the petitioner is that the petitioner inherited the subject 2/5
property from his father and he was in enjoyment and possession of subject property. Whileso the 3rd respondent issued patta in the name of the 3rd and 4th respondents who have no right,title and interest over the subject property. The grievance of the petitioner is that inspite of the petitioner gave a representation dated 18.08.2022 to the respondents to rectify the said error they have not yet rectified the error. Hence, this writ petition is filed with the aforesaid prayer.
5. The learned counsel appearing for the petitioner submitted that the it would suffice, if this Court issues direction to the respondents to consider the petitioner's representation dated 18.08.2022. and pass appropriate orders within a reasonable time fixed by this Court.
6. The learned Additional Government Pleader appearing on behalf of the first and second respondents submitted that the petitioner's representation dated 18.08.2022 will be considered by the respondent within a reasonable time fixed by this Court. 3/5
7. Considering the limited request made by the petitioner, this Court is inclined to direct the respondents to consider the petitioner's representation dated 18.08.2022 in terms of Section 10 of Patta Pass Book Act,1983 and pass appropriate 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.
8. With the above terms, this present writ petition is disposed of. No costs.
13.10.2022 Speaking Order : Yes/ No Index : Yes/ No smn To
1. The District Collector Office of District Collector, Thiruvallur District, Thiruvallur.
2. The Tahsildar, Pallipattu Taluk Office, Pallipattu Taluk, Thiruvallur District.
M.DHANDAPANI,J.
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