L.Periyasamy v. The District Collector

In the High Court of Judicature at Madras Dated : 26.11.2024 Coram :

The Honourable Ms.Justice P.T.ASHA Writ Petition No.34839 of 2024 L.Periyasamy

...Petitioner

Vs 1.The District Collector, Villupuram.

2.The District Revenue Officer, Villupuram.

3.The Tahsildar, Kandachipuram, Villupuram District.

4.Mr.Rangasamy

...Respondents

PETITION under Article 226 of The Constitution of India praying for the issuance of a Writ of Mandamus directing the third respondent to consider the representation dated 15.10.2024 to cancel patta Nos. 903 and 904 in respect of Survey Nos.86/14A and 86/14B and to issue a fresh patta for Survey No.86/14 at about 0.13 cents in 0.05.5 Ares only in the petitioner's name as per doc.No.1452 of 1994 registered on 09.8.1994 in accordance with law.

For Petitioner :

Ms.R.Pushpalatha 1/4

For R1 to R3 :

Mr.A.Selvendran, SGP

ORDER

Seeking a direction to the third respondent to consider his representation dated 15.10.2024 to cancel patta Nos.903 and 904 in respect of Survey Nos.86/14A and 86/14B and to issue a fresh patta for Survey No.86/14 at about 13 cents in 0.05.5 Ares only in the petitioner's name separately, on the basis of a settlement deed dated 09.8.1994 executed by his mother in his favour, the petitioner is before this Court.

2. Heard the learned counsel for the petitioner and the learned Special Government Pleader accepting notice for respondents 1 to 3.

3. The fourth respondent is none other than the brother of the petitioner.

4. The grievance of the petitioner is that pursuant to the said representation, no notice has been issued to the petitioner nor the petitioner was called upon to attend an inquiry.

5. Taking note of the fact that over a month has passed since the submission of the said representation and that there is no progress 2/4

regarding the same, the writ petition is allowed and a Mandamus is issued to the third respondent to consider the said representation of the petitioner dated 15.10.2024 for the cancellation of patta Nos.903 and 904 in respect of Survey Nos.86/14A and 86/14B and to issue a fresh patta for Survey No.86/14 at about 13 cents in 0.05.5 Ares only in the petitioner's name separately, issue notice to the petitioner as well as the adjacent land owners and also the fourth respondent, afford an opportunity of personal hearing and thereafter pass a speaking order within a period of three months from the date of receipt of a copy of this order. No costs.

26.11.2024 To 1.The District Collector, Villupuram.

2.The District Revenue Officer, Villupuram.

3.The Tahsildar, Kandachipuram, Villupuram District.

RS 3/4

P.T.ASHA,J RS 26.11.2024 4/4