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Madras High CourtWP/38882/2016disposed of

A.Arulappan v. The District Collector,

2016-12-07Honourable Mr Justice B. Rajendran3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.12.2016

CORAM

THE HONOURABLE MR. JUSTICE B.RAJENDRAN W.P.No.38882 of 2016 A.Arulappan ... Petitioner Vs.

1. The District Collector, Thiruvannamalai District, Thiruvannamalai.

2. The District Revenue Officer, Thiruvannamalai District, Thiruvannamalai.

3. The Tahsildar, Polur Taluk, Polur.

4. The Tahsildar, Chetpet Taluk, Chepet.

... Respondents Writ Petition is filed under Article 226 of the Constitution of India to India for the issuance of a Writ of Mandamus, directing the 4th respondent herein to issue patta in favour of the petitioner in Survey No.256/1 of Odhalavadi Village, Pathiyavaram, based on the order passed by the 3rd respondent vide his Proceedings No.Na.Ka.G2/10999/2001, dated 13.09.2001. For Petitioner : Mr.N.Elumalai For Respondents : Mr.R.S.Selvam, Government Advocate

O R D E R

The Writ Petition is filed praying to issue a Writ of Mandamus, directing the 4th respondent herein to issue patta in favour of the petitioner in Survey No.256/1 of Odhalavadi Village, Pathiyavaram, based on the order passed by the 3rd respondent vide his Proceedings in No.Na.Ka.G2/10999/2001, dated 13.09.2001.

2.

Heard the learned Counsel for the petitioner.

3.

Learned Government Advocate appearing for the respondents 1 to 4 by producing the letter of the 4th respondent dated 16.11.2016 would submit that the case of the petitioner was already considered and appropriate orders have been passed. 4.

In this regard, it is useful to extract the following paragraph:

''I wish to state that Thiru Arulappan may be directed to present a petition to the fourth respondent (i.e.) Tahsildar, Chetpet to issue patta for the house situated in S.No.256/1 and S.No.256/3. If the petitioner presented a petition before the fourth respondent, patta will be given to the petitioner Thiru Arulappan to an extent of 0.02 1⁄2 cents in S.No.256/3.

After cancellation orders received from the Sub-Collector, Cheyyar, further action will be taken by me (i.e.) the fourth respondent to issue patta for the remaining 0.03 cents in S.No.256/1 to the legl heir of Thiru Arulappan, since he has constructed house to an extent of 0.05 1⁄2 cents, both in S.No.256/3 and 256/1. I send herewith the records of enquiry for perusal.''

5.

Recording the same, the Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar tsi To

1. The District Collector, Thiruvannamalai District, Thiruvannamalai.

2. The District Revenue Officer, Thiruvannamalai District, Thiruvannamalai.

3. The Tahsildar, Polur Taluk, Polur.

4. The Tahsildar, Chetpet Taluk, Chepet.

+1cc to Mr.N. Elumalai, Advocate, S.R.No.71981 +1cc to the Government Pleader, S.R.No.72228 mv(CO) md(22/12/2016) W.P.No.38882 of 2016