M.P.Periya Reddy v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.10.2018

CORAM

THE HONOURABLE MR. JUSTICE R.MAHADEVAN W.P.No.27794 of 2018 1.M.P.Periya Reddy 2.P.Gnanavel .. Petitioners Vs 1.The District Collector 2.The District Revenue Officer 3.The Sub Collector Ranipet 4.The Revenue Divisional Officer Ranipet 5.The Tahsildar Arakkonam 6.M.Perumal Reddy .. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a writ of Mandamus, directing the respondents 1 to 5 to issue patta in the name of petitioner's father viz., Pachayappa Reddy after deleting the name of Perumal Reddy in patta No.446 in respect of S.No.57/6 [New S.No.57/6B] (0.58 cents) and 48/7 (0.11 cents) in Kilandhur village in continuation of the Memorandum dated 13.11.2017 issued by the 1st respondent to the 5th respondent within a stipulated period that may be fixed by this Court. For Petitioners: Mr.P.P.Shabmugasundaram For R1 to R4 : Ms.P.Rajalakshmi Additional Government Pleader

ORDER

By consent of both parties, the writ petition is taken up for final disposal at the admission stage itself. 2.The petitioners have come up with this writ petition seeking a direction to the respondents 1 to 5 to issue patta in the name of the petitioner's father viz., Pachayappa Reddy, after deleting the name of Perumal Reddy, the sixth respondent herein, within a stipulated period that may be fixed by this Court.

3.According to the learned counsel for the petitioners, the father of the petitioners issued legal notice to the respondents on 23.10.2017 calling upon them to cancel the patta issued in the name of the sixth respondent and issue fresh patta in his name. After receipt of the said notice, the first respondent by his Memorandum dated 13.11.2017 directed the fifth respondent to conduct an enquiry, but the fifth respondent has not taken any steps in this regard. In the meanwhile, on 12.01.2018, the father of the petitioners died. Hence, the petitioners seek appropriate directions.

4.Ms.P.Rajalakshmi, learned Additional Government Pleader taking notice for the respondents 1 to 5, submitted that the petitioners' claim would be considered on merits and in accordance with law, if they approach the authorities concerned. 5.Considering the facts and circumstances of the case and having regard to the submissions made by the learned counsel on either side, this writ petition is disposed of granting liberty to the petitioners as well as the other legal heirs to approach the concerned authorities with appropriate representation for issuance of patta in their names. No costs.

Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar kj To 1.The District Collector

2.The District Revenue Officer 3.The Sub Collector Ranipet 4.The Revenue Divisional Officer Ranipet 5.The Tahsildar Arakkonam +1cc to M/s.P.P.Shanmugasundaram, Advocate SR.NO.72853 +1cc to Government Pleader SR.NO.73480 RGN(CO) sm:19.11.20189 W.P.No.27794 of 2018