← Library
Madras High CourtWP/31863/2018disposed of

S.Jayabalan v. District Collector

2018-12-04Honourable Mrs Justice Pushpa Sathyanarayana4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated :04.12.2018

CORAM

THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA W.P.No.31863 of 2018 & W.M.P.No.37103 of 2018 1.S.Jayabalan 2.G.Senthil ... Petitioners Vs.

1.District Collector, Villupuram District, Collector Office Road, Moovendar Nagar, Villupuram-605602.

2.District Revenue Officer, Villupuram District, Collector Office Road, Moovendar Nagar, Villupuram-605602.

3.Thasildar, Kallakurichi Taluk, Kallakurichi Taluk Office, Villupuram District.

4.Village Administrative Officer, Kallakurichi Village, Kallakurichi Taluk Office, Villupuram District.

5.S.Karunakaran .... 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 to 4 to consider the representation submitted by petitioners for changing the name and issuance of separate patta in respect of property in a fixed time frame.

For Petitioners: Mr.A.V.B.Krishnakanth For Respondents: Mr.E.Balamurugan Special Government Pleader for R1 to R3

O R D E R

Heard, Mr.A.V.B.Krishnakanth, the learned counsel appearing for the petitioner and Mr.E.Balamurugan, the learned Special Government Pleader, who accepts notice on behalf of the respondents 1 to 3.

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 2 & 3 to consider his representations dated 06.06.2016 and 08.08.2016, requesting to effect name change and issue individual patta for the property measuring to an extent of 0.56, 0.17 cents comprised in Survey Nos.196/6 & 196/7A situated at Ulagankathan Village, Kallakurichi Taluk, Villupuram District.

4. The second respondent has sent a communication to the Thasildar in letter No. Na.Ka.A4/7721/2016 dated 28.12.2016 calling upon the Thasildar to consider the representation given by the petitioner dated 05.12.2016 by conducting due enquiry and file a report. But the third respondent has not processed the same.

The petitioner again submitted a representation 03.04.2017 to the second respondent requesting to process the said applications. Since the same has not been considered by the third respondent, the petitioner is before this Court by way of filing the present writ petition seeking for a direction to the second and the third respondents to process the petitioner's applications dated 05.12.2016 and 03.04.2017.

5. According to the learned counsel for the petitioner, the petitioner has submitted representations dated 06.06.2016, 08.08.2016, 05.12.2016 & 03.04.2017 claiming the relief as prayed for in this Writ Petition. But, the same are yet to be disposed of by the respondents 2 & 3. Hence, the petitioner is before this Court.

6.A perusal of the records would show that the District Revenue Officer has sent a communication to the Thasildar in letter No. Na.Ka.A4/7721/2016 dated 28.12.2016, calling upon the Thasildar to consider the representation given by the petitioner dated 05.12.2016 by conducting due enquiry and file a report. Till now, the Thasildar has not done anything in this regard. Hence, the Thasildar/ third respondent is directed to consider the representations submitted by the petitioner dated 06.06.2016, 08.08.2016, 05.12.2016 & 03.04.2017 and dispose of

the same and pass appropriate orders, on merits and in accordance with law, after affording due opportunity of hearing to the petitioner, as well as any of the interested parties, within a period of six weeks from the date of receipt of a copy of this order.

7. The first respondent/District Collector, is directed to file a report as to why the Tahsildar during the relevant period had not taken any action despite the communication from the District Revenue Officer /second respondent and file a report before this Court on or before of 10.01.2019. 8.With the above directions, this Writ Petition stands disposed of. No costs. Consequently,connected Miscellaneous Petition is closed.

9.For reporting compliance, post the matter on 10.01.2019. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar dn To 1.The District Collector, Villupuram District, Collector Office Road, Moovendar Nagar, Villupuram-605602.

2.The District Revenue Officer, Villupuram District, Collector Office Road, Moovendar Nagar, Villupuram-605602.

3.The Thasildar, Kallakurichi Taluk, Kallakurichi Taluk Office, Villupuram District.

4.The Village Administrative Officer, Kallakurichi Taluk, Kallakurichi Taluk Office, Villupuram District.

Copy To The Section Officer, Writ Section, High Court, Madras.

(For Reporting Compliance Post On 10/01/2019) +1cc to Mr.AVB Krishnakanth, Advocate, S.R.No. 82811 +1cc to the Government Pleader, S.R.No. 84019 W.P.No.31863 of 2018 SSI(CO) GN(20/12/2018)