R.Check Madar @ Abdul Mazid v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 09.12.2022 CORAM :
THE HONOURABLE MR.JUSTICE R.SURESH KUMAR Writ Petition No.33084 of 2022 R.Check Madar @ Abdul Mazid ....
Petitioner -Vs1.The District Collector Office of the District Collector Cuddalore District, New Collectorate Building Manjakuppam Cuddalore 607 001 2.The Revenue Divisional Officer Office of the Revenue Divisional Officer Cuddalore Taluk, Sub Jail Road Manjakuppam, Cuddalore 607 001.
3.The Tahsildar Office of the Tahsildar Cuddalore Taluk, Beach Road Cuddalore 607 001.
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Respondents Prayer : Writ Petition under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the respondents 1 to 3 to consider the petitioner representation dated 28.09.2022 and reminder dated 10.10.2022 for issuance of individual patta to an extent of 615.5 sq.mtrs. covering in Old Survey No.1767/5 of present T.S.No.1352 Ward No.7 Block No.19 Manjakuppam Village Cuddalore Cuddalore District and the entire Field 1 / 4
Measurement Book covering all the Town Survey Nos.1344/2 1345/2 and 1352 within a time frame fixed by this Honourable Court. For Petitioner : Mr.G.Krishna Kumar For Respondent : Mr.P.Sathish Additional Government Pleader
O R D E R
The prayer sought for herein is for a Writ of Mandamus directing the respondents 1 to 3 to consider the petitioner representation dated 28.09.2022 and reminder dated 10.10.2022 for issuance of individual patta to an extent of 615.5 sq.mtrs. covering in Old Survey No.1767/5 of present T.S.No.1352 Ward No.7 Block No.19 Manjakuppam Village Cuddalore Cuddalore District and the entire Field Measurement Book covering all the Town Survey Nos.1344/2 1345/2 and 1352 within a time frame fixed by this Honourable Court.
2. In respect of some properties claimed to be belonging to the petitioner in S.No.1767/5, Manjakuppam Village, Cuddalore, Cuddalore District, it is the grievance of the petitioner that, even though patta was given regarding these properties, particularly one survey number has been left out. In order to add that survey number in the patta already been issued or to issue a separate patta for the said left out survey number, the petitioner claimed that even though he approached the respondents including the 3rd respondent, they have not acted upon especially the 3rd respondent, who is the competent authority to act upon. 2 / 4
Therefore, the petitioner has approached this Court by filing the present writ petition.
3. In this regard, though the learned counsel for the petitioner submits that though the representation has been given to both the 2nd and 3rd respondents, none of them have acted upon and that is why the petitioner has preferred the present writ petition.
4. Heard learned Additional Government Pleader who submits that, since the 3rd respondent is the competent authority to decide the plea of the petitioner, let the representation be given to the 3rd respondent and the same would be considered by the said authority on merits and in accordance with law within a time frame that may be stipulated by this Court.
5. In that view of the matter, having regard to the submissions made by the learned counsel for both sides, especially the stand taken by the learned Additional Government Pleader, this Court is inclined to dispose of this writ petition with the following order.
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R. SURESH KUMAR, J.
KST " That there shall be a direction to the 3rd respondent to consider the representation of the petitioner dated 10.10.2022 and pass orders thereon on merits and in accordance with law after giving an opportunity of being heard to the petitioner within a period of six weeks from the date of receipt of a copy of this order."
6. With the above directions, this writ petition is disposed of. No costs. 09.12.2022 Index : Yes/No Internet : Yes/No KST To 1.The District Collector, Office of the District Collector Cuddalore District, New Collectorate Building Manjakuppam, Cuddalore 607 001 2.The Revenue Divisional Officer Office of the Revenue Divisional Officer Cuddalore Taluk, Sub Jail Road Manjakuppam, Cuddalore 607 001.
3.The Tahsildar, Office of the Tahsildar Cuddalore Taluk, Beach Road, Cuddalore 607 001. W.P.No. 33084 of 2022 4 / 4