T.Rajam @ Kaveri Kutty v. The Government Of Tamilnadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated :10.12.2018

CORAM

THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA W.P.No.32485 of 2018 T.Rajam @ Kaveri Kutty, rep. by her General Power of Attorney A.Radhakrishnan.

... Petitioner Vs.

1.The Government of Tamilnadu, rep. by its Secretary, Revenue Department, Secretariat Fort St. George, Chennai-600 009.

2.The District Collector, Kancheepuram, Kancheepuram District.

3.The Sub Collector, Kancheepuram District, GST Road, Chengalpattu.

4.The District Revenue Officer, Kancheepuram, Kancheepuram district.

5.E.Sathyanarayana Reddy 6.C.Yeshwanth Narayana Reddy 7.C.Dhavathini 8.S.Nagarajan 9.A.Hasan Ali Alim 10.Rajan dev 11.Benen Rajesh Kumar .... Respondents PRAYER: This Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondents 1 & 2 to consider the petitioner's representation dated 27.07.2018 to conduct enquiry by affording an opportunity of personal hearing to the petitioner.

For Petitioners: Mr.R.Narendran For Respondents: Mr.V.Shanmugasundar, Special Government Pleader for R1 to R4

O R D E R

Heard, Mr.R.Narendran, the learned counsel appearing for the petitioner and Mr.V.Shanmugasundar, the learned Special Government Pleader, who accepts notice on behalf of the respondents 1 to 4.

2. With consent of the learned counsel on either side, the Writ Petition itself is taken up for disposal.

3. The petitioner has come up with this writ petition seeking a direction to the respondents 1 & 2 to consider his representation dated 26.07.2018, requesting to cancellation of patta in favour of third persons, who are said to have purchased the land belongs to the petitioner to an extent of 5 acres in S.No.164/1 bearing Document No.74 of 1974 by virtue of a registered sale deed dated 24.01.1974 and to conduct an enquiry. 4.It seems that the petitioner has also obtained an order from the Hon'ble Supreme Court in SLP(C) No.37856 of 2017 dated 06.07.2018, wherein, the petitioner was directed to make a fresh representation to the first respondent by taking up all contentions within a period of one month and on such representation being made, the first respondent was directed to consider the same and dispose of on merits after affording an opportunity of personal hearing to the petitioner.

5. According to the learned counsel for the petitioner, the petitioner has submitted a representation dated 26.07.2018 claiming the relief as prayed for in this Writ Petition. But, the same is yet to be disposed of by the respondents 1 & 2. Hence, the petitioner is before this Court.

6.Considering the facts and circumstances of the case and the submissions made on either side, this Court, without expressing any opinion on the merits of the representation, directs the first and the second respondents to consider the petitioner's representation dated 26.07.2018 and pass appropriate orders, on merits and in accordance with law, after affording an opportunity of personal hearing to the petitioner, as well as any of the interested parties, within a period of four weeks from the date of receipt of a copy of this order.

7.With the above directions, this Writ Petition stands disposed of. No costs.

8.For reporting compliance, post the matter on 30.01.2019. Sd/- Deputy Registrar //True Copy// Sub Assistant Registrar dn To 1.The Government of Tamilnadu, rep. by its Secretary, Revenue Department, Secretariat Fort St. George, Chennai-600 009.

2.The District Collector, Kancheepuram, Kancheepuram District.

3.The Sub Collector, Kancheepuram District, GST Road, Chengalpattu.

4.The District Revenue Officer, Kancheepuram, Kancheepuram district.

+1cc to Mr.R.Narendran, Advocate sr.no.84797 W.P.No.32485 of 2018 nr 13/12/2018