Mr. Arfath Hussain Ashfaq Hussain, v. The Thasildar,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.02.2024

CORAM

THE HON'BLE MR. JUSTICE P.VELMURUGAN Mr. Arfath Hussain Ashfaq Hussain, s/o.Late Mr. Ashfaq Hussain, Rep. by his power of attorney agent Mr.Liyakath Hussain, Flat No. 1 Plot No.6, 4th Cross Street, Sundar Nagar, Nanthambakkam, Eikkaduthangal, Chennai 600 032.

... Petitioner vs.

1. The Thasildar Kundrathur Taluk, Kundrathur, Kanchipuram District - 600 069.

2 The Sub Registrar, Office of the Sub Registrar, Padappai, Sriperumbudur Taluk, Kancheepuram District - 601 301.

3 M/s.Latif Estate Line India Limited,

No. 16 Millers road, Kilpauk, Chennai - 600 010. ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to consider the representation given by the petitioner his power of Attorney of Agent dated 07.08.2023.

For Petitioner : Mr.R.Ramamoorthy For R1 & R2 : Mr.T.Arunkumar Additional Government Pleader

O R D E R

This Writ Petition has been filed to issue a Writ of Mandamus, to direct the official respondents 1 and 2 to consider the petitioner's representation dated 07.08.2023.

2. Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing for the official respondents and perused the materials available on record.

3. Since there is no adverse order passed against the private

respondent, notice to the private respondent/R3 is dispensed with.

4. This Court feels that the second respondent is unnecessary party to the present writ petition and hence the writ petition is dismissed as against the second respondent.

5. Having regard to the submissions made by the learned counsel on either side and taking into consideration the limited prayer sought for by the petitioner, without expressing any opinion with regard to the merits of the case, this Court directs the first respondent to consider the petitioner's representation dated 07.08.2023, after issuing notice and giving opportunity of hearing to the petitioner, third respondent, interested parties/rival claimants/objectors if any, as the case may be and conduct enquiry and pass appropriate orders on merits and in accordance with law. The said exercise shall be completed within a period as stipulated in the Circular No. R1/2005632/2022 dated 17.07.2023 issued by the Commissioner of Land Administration.

6. With the abovesaid direction, the Writ Petition is disposed of.

There shall be no order as to costs.

16.02.2024 mfa Index:Yes/No Speaking Order: Yes/No To

1. The Thasildar Kundrathur Taluk, Kundrathur, Kanchipuram District - 600 069.

2 The Sub Registrar, Office of the Sub Registrar, Padappai, Sriperumbudur Taluk, Kancheepuram District - 601 301.

P.VELMURUGAN, J.

mfa 16.02.2024