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Madras High CourtWP/226/2024disposed of

Deepan Chakavarthi v. The Principal Secretary And Commissioner

2024-01-09Honourable Mr Justice P. Velmurugan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.01.2024

CORAM

THE HON'BLE MR. JUSTICE P.VELMURUGAN Deepan Chakaravarthi ... Petitioner Vs.

1. The Principal Secretary and Commissioner, Land Administration, Chepauk, Chennai - 600 005.

2. The District Collector, Office of the District Collectorate, Chengalpattu, Chengalpattu District.

3. The District Revenue Officer, Chengalpattu, Chengalpattu District.

4. The Revenue Divisional Officer, Chengalpattu, Chengalpattu Taluk.

5. The Tahsildar, The office of the Tahsildar, Thiruporur, Thiruporur Taluk, Chengalpattu District. ... Respondents

PRAYER:

Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 to 5 to consider the petitioner representation dated 30.12.2019 based on the enquiry held on 20.10.2022 by the third respondent herein and to issue patta in the petitioner name for survey Nos.195/5, 199/6 and 207/2. For Petitioner : Mr.P.Satheesh Kumar For Respondents : Mrs.V.Yamunadevi Special Government Pleader

O R D E R

This Writ Petition has been filed to issue a Writ of Mandamus, directing the respondents 1 to 5 to consider the petitioner representation dated 30.12.2019 based on the enquiry held on 20.10.2022 by the third respondent herein and to issue patta in the petitioner's name for survey Nos.195/5, 199/6 and 207/2.

2. Heard the learned counsel appearing for the petitioner and the learned Special Government Pleader appearing for the respondents.

3. It is the contention of the learned counsel for the petitioner that the subject property originally belonged to his father. After the death of his father, being the legal heir, the petitioner is entitled to the same. The petitioner made representation before the respondents to grant patta in his favour based on the assignment. The fourth respondent conducted enquiry and forwarded his report before the third respondent and the third respondent directed the petitioner to appear for enquiry on 20.10.2022. Though the petitioner appeared for the eqnuiry and submitted all the relevant records, the third respondent has not passed any order after the conclusion of enquiry. Hence, the petitioner constrained to file the present writ petition.

4. 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 third respondent to consider the petitioner representation dated 30.12.2019 and pass appropriate order on merits and in accordance with law. The said exercise shall be completed within a period of one month from the date of receipt of a copy of this order.

5. With the abovesaid direction, the Writ Petition is disposed of. There shall be no order as to costs.

09.01.2024 mfa Index:Yes/No Speaking Order: Yes/No

To

1. The Principal Secretary and Commissioner, Land Administration, Chepauk, Chennai - 600 005.

2. The District Collector, Office of the District Collectorate, Chengalpattu, Chengalpattu District.

3. The District Revenue Officer, Chengalpattu, Chengalpattu District.

4. The Revenue Divisional Officer, Chengalpattu, Chengalpattu Taluk.

5. The Tahsildar, The office of the Tahsildar, Thiruporur, Thiruporur Taluk, Chengalpattu District.

P.VELMURUGAN, J.

mfa 09.01.2024