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Madras High CourtWP/28236/2017closed

Lurthu Mary Carolin, v. District Collector,

2021-02-12Honourable Mr Justice S.S. Sundar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.02.2021

CORAM

THE HONOURABLE Mr. JUSTICE S.S.SUNDAR W.P. No. 28236 of 2017 Lurthu Mary Carolin rep.by its power Attorney L.Mickel Raj ... Petitioner -vs1.District Collector, Kancheepuram District, Kancheepuram.

2.The District Revenue Officer, Kancheepuram District, Kancheepuram.

3.The Tahsildar, Chengalpattu Taluk, Kancheepuram District.

... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the 1st to 3rd respondents to consider and dispose of the petitioners representation dated 17.09.2009 to issue patta in respect of land in S.No.96/6, Alappakkam Village, Chengalpattu Taluk, Kancheepuram District.

For Petitioner : Mr.K.V.Ramesh For Respondents: Ms.A.Madhumathi Special Government Pleader.

O R D E R

The writ petition is filed for a Writ of Mandamus, directing the first and third respondents to consider and dispose of the petitioners representation dated 17.09.2009, which is for issuance of patta in respect of land in S.No.96/6, Alappakkam Village, Chengalpattu Taluk, Kancheepuram District.

2. The learned Special Government Pleader appearing for the respondents has produced the proceedings in Na.Ka.No.2082/2020/A1, dated 29.12.2020 of the Tahsildar, Chengalpattu Taluk before this Court, rejecting the https://hcservices.ecourts.gov.in/hcservices/

petitioners representation dated 17.09.2009 for the reasons stated therein.

3. Since an order has been passed by the third respondent/Tahsildar rejecting the representation made by the petitioner dated 17.09.2009 assigning reasons, this Court cannot issue Writ of Mandamus to the first and third respondents. Instead, the petitioner can be permitted to avail remedy by way of filing an appeal as against the order of third respondent/Tahsildar dated 29.12.2020.

4. Hence, the writ petition is closed. However, liberty is given to the petitioner to challenge the order of the third respondent/Tahsildar, dated 29.12.2020, rejecting the representation of the petitioner for grant of patta. No Costs. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar dm To 1.The District Collector, Kancheepuram District, Kancheepuram.

2.The District Revenue Officer, Kancheepuram District, Kancheepuram.

3.The Tahsildar, Chengalpattu Taluk, Kancheepuram District.

+2cc to Mr.K.V.Ramesh, Advocate SR.8758 +1cc to the Government Pleader SR.8690 W.P. No.28236 of 2017 CP(CO) CB(17/03/2021) https://hcservices.ecourts.gov.in/hcservices/