S.Sambaji v. The District Collector Of Cuddalore,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.11.2023 CORAM :

THE HONOURABLE MR. JUSTICE P.VELMURUGAN

1. S. Sambaji

2. S. Baskar ... Petitioners

Versus

1.The District Collector of Cuddalore, Collectorate, Vridhachalam.

2. The Revenue Divisional Officer, Revenue Divisional Office, Vridhachalam, Vridhachalam District.

3.The Tahsildhar, Taluk Office, Vridhachalam, Cuddalore District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, directing the third respondent herein to conduct an enquiry and make necessary entry in "A" register of the Vridhachalam Village and issue Patta in the name of the Petitioners for the land together with the residential home constructed thereon measuring 975 and 229 1⁄2 sq. ft., comprised in Natham Re-Survey No. 280/1 at Vridhachalam Village and Taluk, Cuddalore District by considering the Petitioners representation dated 21.08.2022. For Petitioners :

Mr. T. Dhanasekaran For Respondents :

Mr. P. Gurunathan, Additional Government Pleader.

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O R D E R

Today, when the matter came up for hearing, the learned Additional Government Pleader seeks time for filing counter. Though sufficient opportunity was given to the respondents, they have not filed the counter. The non-filing of the counter by the respondents are highly condemnable.

2. This Writ Petition is filed only for issuance of a simple writ of mandamus to direct the third respondent by considering the representation of the petitioners dated 21.08.2022, and to conduct an enquiry and make necessary entries in "A" Register of the Vridhachalam Village and issue Patta in the name of the petitioners for the land, together with the residential home constructed thereon, measuring an extent of land in 975 and 2291⁄2 sq. fts., comprised in Natham Re-Survey No.280/1 at Vridhachalam Village and Taluk, Cuddalore District. 3.

Since the writ petition is filed only for issuance of a simple writ of mandamus to consider the petitioners representation dated 21.08.2022, without going into the merits of the case, it would be sufficient to direct the third respondent to issue notice to the petitioner and Page No.2 of 4

if any other interested parties / rival claimants and after giving notice to all of them, the enquiry be conducted in the manner known to law and orders be passed in accordance with the law. The said exercise shall be completed within a period of two months from the date of receipt of a copy of this order.

4.

With the above directions, the Writ Petition is disposed of. No costs.

29.11.2023 Index : Yes/No Speaking / Non-Speaking order klt To:

1.The District Collector of Cuddalore, Collectorate, Vridhachalam.

2. The Revenue Divisional Officer, Revenue Divisional Office, Vridhachalam, Vridhachalam District.

3.The Tahsildhar, Taluk Office, Vridhachalam, Cuddalore District.

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P. VELMURUGAN, J.

klt 29.11.2023 Page No.4 of 4