Govindasamy v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 23.11.2022 CORAM :
THE HONOURABLE MR. JUSTICE M.DHANDAPANI Writ Petition No.31156 of 2022 Govindasamy ... Petitioner Vs.
1.The District Collector, Kancheepuram District, Kancheepuram.
2.The Revenue Divisional Officer, Sriperumbudur.
3.The Tahsildar, Kundrathur Taluk, Kundrathur, Kancheepuram District.
... Respondents PRAYER: Writ Petition filed under Article 226 of Constitution of India for issuance of a Writ of Mandamus directing the third respondent to comply with the communication of the second respondent in Na.Ka.2906/2022/A3 dated - .07.2022 signed on 21.07.2022 by having the property of the petitioner comprised in S.Nos.91/1 and 91/8 of an extent of 14.75 cents in Kovur, Kundrathur Taluk measured with the relevant records and subsequently after sub-division issue patta in the name of the petitioner. Page No.1 of 7
For Petitioner :
Mr.S.Balaji For Respondents :
Mr.U.Bharanidharan, Additional Government Pleader
O R D E R
The petitioner has filed this petition for issuance of Writ of Mandamus directing the third respondent to comply with the communication of the second respondent in Na.Ka.2906/2022/A3 dated -.07.2022 signed on 21.07.2022 by having the property of the petitioner comprised in S.Nos.91/1 and 91/8 of an extent of 14.75 cents in Kovur, Kundrathur Taluk measured with the relevant records and subsequently after sub-division issue patta in the name of the petitioner.
2. With the consent of both the parties, this writ petition is taken up for final disposal at the stage of admission itself.
3. The case of the petitioner is that the property comprised in S.Nos.91/1 and 91/8 admeasuring to an extent of 14.75 cents situated at Kovur Village, Kundrathur Taluk was purchased by the petitioner's father and after his demise, Page No.2 of 7
the said property was taken possession by the petitioner. Thereafter, the petitioner made an application dated 02.02.2022 before the third respondent seeking for measuring the property and issuance of patta on his favour, however, no action was taken. Aggrieved over the same, the petitioner made a representation dated 18.07.2022 before the first respondent and the same was forwarded to the second respondent. Based on the said representation, the second respondent vide his communication dated Nil.07.2022, directed the third respondent to measure the subject property, however, till date, the third respondent has not complied the order passed by the second respondent. Hence, this writ petition.
4. Learned counsel for the petitioner would submit that it would suffice if this Court issues direction to the third respondent to comply with the communication of the second respondent dated Nil.07.2022 within a time frame that may be fixed by this Court.
5. Learned Additional Government Pleader appearing for the respondents would submit that he has no objection for the said direction being Page No.3 of 7
passed by this Court.
6. Heard the learned counsel on either side and perused the materials available on record.
7. Taking into consideration the facts and circumstances of the case, this Court without going into the merits, directs the third respondent to comply with the communication of the second respondent in Na.Ka.2906/2022/A3 dated Nil.07.2022 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 aforesaid direction, this writ petition is disposed of. No costs.
23.11.2022 vm Index :
Yes/No Speaking Order :
Yes/No Page No.4 of 7
To:
1.The District Collector, Kancheepuram District, Kancheepuram.
2.The Revenue Divisional Officer, Sriperumbudur.
3.The Tahsildar, Kundrathur Taluk, Kundrathur, Kancheepuram District.
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M.DHANDAPANI,J.
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