R.Selvam v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 02.11.2022
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI R. Selvam
...Petitioner
Vs.
1. The District Collector, Kancheepuram, Kancheepuram District,
2. The Revenue Divisional Officer, Sriperumbudur, Kancheepuram District.
3. The Tahsildar, Sriperumbudur.
4. The Revenue Inspector, Sunguvarchathiram, Kancheepuram District.
...Respondents
Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents to consider his representation dated 13.04.2022 and direct the respondents to complete the enquiry and pass order at the earliest to mutate the petitioner's name in the patta of the said property situated at Survey No.271/5 measuring to an extent of acre 0.17 cents at Thirumangalam Village, Sriperumbudur Taluk, Kancheepuram District and pass orders.
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For Petitioner : Mr.P. Balamurugan For Respondents : Mr.U. Baranidharan Additional Government Pleader
O R D E R
The petitioner has filed this writ petition directing the first respondent to dispose the appeal filed by the petitioner dated 13.04.2022 and pass orders
2. The learned Additional Government pleader takes notice for the official respondent. In view of the consent expressed by the learned counsel appearing for either side, this petition is taken up for final disposal.
3. . The case of the petitioner is that the petitioner's grand father by name Venkatesa Naicker is the owner of the 0.47 cents of lands in S.No.271/5 situated at Thirumangalam Village, Sriperumbudur Taluk, Kanchipuram District. The said Venkatesa Naicker sold an extent of 0.030 cents to M/s Eta Star Tech City Private Limited and the remaining land to an extent of 0.17 was settled to the petitioner by way of an unregistered will. 2/5
After the demise of the said Venkatesa Naicker the petitioner became the absolute owner of the subject property and when he approached the authorities concerned to transfer the patta he came to know that the entire lands measuring to an extent of 0.47 stood in the name of the M/s Eta Star Tech City Private Limited. Thereafter the petitioner preferred a petition before the Revenue Authorities on 27.10.2021 and the third respondent issued summons to the petitioner to appear for an enquiry vide proceedings Na.Ka.No.244/22/A2 dated 15.02.2022 and the petitioner also appeared for the enquiry. But no orders has been passed. Hence the petitioner gave a representation to the respondents on 13.04.2022 to rectify the mistake but the same was not considered. Hence, this writ petition is filed with the aforesaid prayer.
4. The learned counsel appearing for the petitioner submitted that the it would suffice, if this Court issues direction to the third respondent to complete the enquiry Na.Ka.No.244/22/A2 dated 15.02.2022 within a reasonable time fixed by this Court.
5. Considering the limited request made by the petitioner, this Court is 3/5
inclined to direct the third respondent to complete the enquiry in Na.Ka.No.244/22/A2 dated 15.02.2022 within a period of twelve weeks from the date of receipt of a copy of this order after affording reasonable opportunity of hearing to the petitioner as well as the aggrieved parties if any.
6. With the above terms, these writ petitions are disposed of. No costs.
02.11.2022 Speaking Order : Yes/ No Index : Yes/ No smn To
1. The District Collector, Kancheepuram, Kancheepuram District,
2. The Revenue Divisional Officer, Sriperumbudur, Kancheepuram District.
3. The Tahsildar, Sriperumbudur.
4. The Revenue Inspector, Sunguvarchathiram, Kancheepuram District.
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M.DHANDAPANI,J.
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