Haroon Basha v. The Sub Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 21.12.2022 CORAM :
THE HONOURABLE MR.JUSTICE R.SURESH KUMAR Writ Petition No.34063 of 2022 Haroon Basha ....
Petitioner -Vs1. The Sub Collector Sub Collectorate Office Jakkampet, Tindivanam Villupuram District.
2. The Tahsildar Gingi Taluk Office, Gingi Gingi Taluk, Villupuram District.
3. Y.Idhrish Basha ....
Respondents Prayer : Writ Petition under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the respondents to consider the petitioner's representation dated 17.08.2021 within a time stipulated by this Hon'ble Court.
For Petitioner : Mr.G.Mohammed Aseef For Respondents : Mr.R.P.Muruganraja Government Advocate
O R D E R
The prayer sought for herein is for a Writ of Mandamus directing the respondents to consider the petitioner's representation dated 17.08.2021 within a time stipulated by this Court.
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2. It is the case of the petitioner that, certain lands belongs to the petitioner and other legal heirs situated at Jakkampet, Tindivanam Taluk, Villupuram District. However, the exact location ie., the revenue village has not been stated by the petitioner and in this regard, in order to cancel the patta issued to some third parties, he made a representation dated 17.08.2021 to the 1st and 2nd respondents and in order to consider the same the present writ petition has been moved.
3. Heard Mr.G.Mohammed Aseef learned counsel for the petitioner and Mr.R.P.Muruganraja learned Government Advocate appearing for the respondents 1 and 2.
3. In the said representation dated 17.08.2021 it has not been specifically mentioned as to in which revenue village the lands which are in question are located. Therefore, based on the said representation this Court cannot direct the 1st respondent to look into the matter and decide the same. Hence, this Court feels that, the petitioner can be given liberty to file a fresh representation to the 1st respondent, who, on receipt of the same, can decide the issue on merits within a time frame that may be stipulated by this Court. 2 / 4
4. Accordingly, this Court is inclined to dispose of this writ petition with the following order.
"That it is open to the petitioner to give a fresh representation giving details of the land in question with survey number as well as the revenue village, where the land is situated along with other details and supporting documents to the 1st respondent within a period of two weeks from the date of receipt of a copy of this order, and on receipt of such representation, the same shall be considered and decided by the 1st respondent after giving notice to all the necessary parties including the petitioner and pass orders thereon on merits and in accordance with law within a period of eight weeks thereafter."
5. With the above directions, this writ petition is disposed of. No costs. 21.12.2022 Index : Yes/No Internet : Yes/No KST To
1. The Sub Collector Sub Collectorate Office Jakkampet, Tindivanam Villupuram District.
2. The Tahsildar, Gingi Taluk Office, Gingi Gingi Taluk, Villupuram District.
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R. SURESH KUMAR, J.
KST W.P.No. 34063 of 2022 21.12.2022 4 / 4