P.L.Nancy Sofia v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.10.2023

CORAM

THE HONOURABLE MR.JUSTICE P.VELMURUGAN P.L.Nancy Sofia ... Petitioner versus 1.The District Collector, Office of the District Collector, Kancheepuram.

2.The Divisional Revenue Officer, Office of the Divisional Revenue Officer, Collectorate Kancheepuram.

3.The Tahsildar, Office of the Tahsildar, Sriperumbadur, Kancheepuram District.

4.The Village Administrative Officer, Sandhavellur Village, Sriperumbudur Taluk, Kancheepuram District.

5.Abraham Regis Raj .....Respondents Pg.Nos.1/6

Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus directing respondents 1 to 3 to cancel the patta vide patta No.1406 in respect of agricultural land bearing survey No.63/4 to an extent of 1.76 cents Sandavellore Village, Sriperumbadur Taluk, Kancheepuram District by considering the petitioner's representation dated 16.03.2021.

For Petitioner : Mr.X.Selvam Sounder For Respondents : Mr.P.Gurunathan Additional Government Pleader for R1 to R4

O R D E R

The petitioner seeks for a mandamus directing respondents 1 to 3 to cancel the patta vide patta No.1406 in respect of agricultural land bearing survey No.63/4 to an extent of 1.76 cents Sandavellore Village, Sriperumbadur Taluk, Kancheepuram District by considering the petitioner's representation dated 16.03.2021.

2. The learned counsel for the petitioner submitted that the petitioner has given a representation dated 16.03.2021 to respondents 1 to 3 to cancel the patta issued in favour of the fifth respondent in respect of the Pg.Nos.2/6

subject property. Subsequently, the second respondent vide order dated 17.06.2021, forwarded the said representation to the third respondent for taking necessary action. Since no action was forth coming, the present writ petition.

3. Mr.P.Gurunathan, learned Additional Government Pleader takes notice for respondents 1 to 4 submitted that the third respondent may be directed to consider the petitioner's representation dated 16.03.2021 and decide the matter on merits and in accordance with law.

4. Having regard to the submissions made by the learned counsel on either side and also on a perusal of the records, this Court finds that there is no communication from the third respondent, despite the second respondent has given a direction to the third respondent to consider the representation of the petitioner, therefore, this Court taking into consideration the limited prayer sought for by the petitioner, without expressing any opinion with regard to the merits of the case, the third respondent is directed to consider the representation of the petitioner dated Pg.Nos.3/6

16.03.2021 and pass orders on merits and in accordance with law, after giving notice to all the interested parties, including the fifth respondent, within a period of three months from the date of receipt of a copy of this order.

5.With these observations, the Writ Petition is disposed of. There shall be no order as to costs.

12.10.2023 Speaking/Non-speaking order Index : Yes/No : Yes/No ms Pg.Nos.4/6

To 1.The District Collector, Office of the District Collector, Kancheepuram.

2.The Divisional Revenue Officer, Office of the Divisional Revenue Officer, Collectorate Kancheepuram.

3.The Tahsildar, Office of the Tahsildar, Sriperumbadur, Kancheepuram District.

4.The Village Administrative Officer, Sandhavellur Village, Sriperumbudur Taluk, Kancheepuram District.

Pg.Nos.5/6

P.VELMURUGAN, J.

ms 12.10.2023 Pg.Nos.6/6