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Madras High CourtWP/34344/2023disposed of

Vendavaraj v. The District Collector

2023-12-13Honourable Mr Justice P. Velmurugan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.12.2023

CORAM

THE HONOURABLE MR.JUSTICE P.VELMURUGAN Vendavaraj ... Petitioner versus 1.The District Collector, Chengalpet District, Chengalpet.

2.The District Revenue Officer, Chengalpet District, Chengalpet.

3.The Revenue Divisional Officer, Tambaram, Chennai.

4.The Tahsildar, Vandalur Taluk, Chengalpattu District.

5.Karuppan .....Respondents Writ Petition filed under Article 226 of Constitution of India, praying to issue a Writ of Mandamus directing the third respondent to cancel the Patta in Patta No.466 dated 10.04.2001 and issue joint Patta to the Pg.Nos.1/5

petitioner as well as the petitioner's brothers in S.No.179/5 to an extent of 5 cents, situated at Pudupakkam Village, Vandalur Taluk, Chengalpet District, by considering the representation dated 08.06.2023. For Petitioner :

Mr.R.Chandrasekaran For Respondents :

Mr.Yogesh Kannadasan Special Government Pleader for R1 to R4

O R D E R

Mr.Yogesh Kannadasan, learned Special Government Pleader accepts notice for respondents 1 to 4. Since no adverse order is being passed as against the fifth respondent, notice to the fifth respondent is dispensed with.

2. The petitioner herein has given a representation to respondents 1 to 4 on 08.06.2023, wherein and whereby, he sought to cancel the Patta in Patta No.466, dated 10.04.2001, and issue joint Patta to the petitioner as well as the petitioner's brothers in S.No.179/5 to an extent of 5 cents, situated at Pudupakkam Village, Vandalur Taluk, Chengalpet District. Since Pg.Nos.2/5

there was no response from respondents 1 to 4, the present Writ Petition has been filed by the petitioner.

3. Today, the learned counsel for the petitioner submitted that it would suffice, if a direction is issued to the third respondent to consider the representation of the petitioner dated 08.06.2023.

4. Learned Special Government Pleader appearing for the respondent submitted that official respondents may be directed to consider the petitioner's representation and pass orders on merits in accordance with law.

5. Having regard to the submissions made by the learned counsel on either side, 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 08.06.2023, and pass appropriate orders, on merits and in accordance with law, after giving notice to the petitioner as well as the fifth respondent and interested parties/rival claimants/adjacent owners, and Pg.Nos.3/5

after conducting enquiry, within a period of two months from the date of receipt of a copy of this order.

6. With the above directions, this Writ Petition is disposed of. However, there shall be no order as to costs. 13.12.2023 Index: Yes/No Speaking Order/Non-Speaking Order ms To 1.The District Collector, Chengalpet District, Chengalpet.

2.The District Revenue Officer, Chengalpet District, Chengalpet.

3.The Revenue Divisional Officer, Tambaram, Chennai.

4.The Tahsildar, Vandalur Taluk, Chengalpattu District.

Pg.Nos.4/5

P.VELMURUGAN, J.

ms 13.12.2023 Pg.Nos.5/5