← Library
Madras High CourtWP/33292/2018disposed of

Shri Navaneetha Krishnaswamy Bajanai Maddam, v. The District Collector

2018-12-19Honourable Mrs Justice Pushpa Sathyanarayana3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 19.12.2018

CORAM

THE HONOURABLE MRS. JUSTICE PUSHPA SATHYANARAYANA W.P.No.33292 of 2018 & W.MP.No.38642 of 2018 Shri Navaneetha Krishnaswamy Bajanai Maddam "Kavarai Naidu Maha Sabha"

Represented by its Founder and Managing Trustee, E.Chakravarthy, Son of P.Ethiraj (late) W-906, Syndicate Bank Colony Anna Nagar West, Chennai - 600 101.

.. Petitioner Vs.

1. The District Collector, Ariyalur District, Office of District Collector of Ariyalur, Ariyalur - 621 704.

2. The Tahsildar, Udaiyarpalaiyam Taluk, Ariyalur District, Pincode - 621 804.

3. K.Vishvandhan

4. K.Thirunavukarasu

5. Ravi .. Respondents PRAYER : Writ Petition filed Under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the first respondent to pass appropriate orders on the representation dated 06.07.2015 bearing reference number UU/15/13934 given by Mr.Balaraman, the trustee of Shri Navaneetha Krishnaswamy Bajanai maddam to cancel the wrong patta issued in the name of Mr. Kaliyaperumal son of Mr.Krishnaswamy for Survey field number 19.5 measuring an extent of 42.5 ares or 1 acre and 5 cents in Udayanattam Village, Udaiyarpalaiyam Taluk, Ariyalur District and issue in the name of Mrs.Ambujathammal wife of Late Radhakrishnan after duly conducting an enquiry in accordance with law.

For Petitioner : Mr.Ganesan for M/s.Ganesh and Ganesh For Respondents 1 & 2: Mr.S.Suresh Kumar Government Advocate

O R D E R

By consent of both parties, the Writ petition is taken up for final disposal at the admission stage itself. 2.

The petitioner has come up with this Writ Petition seeking a direction to the first respondent to pass appropriate orders on the representation dated 06.07.2015 given by one Mr.Balaraman, the trustee of Shri Navaneetha Krishnaswamy Bajanai Maddam, bearing reference number UU/15/13934 seeking to cancel the wrong patta issued in the name of Mr.Kaliyaperumal for Survey field number 19/5, measuring an extent of 42.5 ares or 1 acre and 5 cents situated in Udayanattam Village, Udaiyarpalaiyam Taluk, Ariyalur District and issue patta in the name of Mrs.Ambujathammal, W/o.Late Radhakrishnan after conducting an enquiry in accordance with law. 3.

According to the learned counsel for the petitioner, one Mr.Balaraman, the trustee of Shri Navaneetha Krishnaswamy Bajanai Maddam, has given a representation dated 06.07.2018 seeking to cancel the patta issued in the name of Mr. Kaliyaperumal, S/o Mr.Krishnaswamy in Survey number 19/5 measuring an extent of 42.5 ares or 1 acre and 5 cents in Udayanattam Village, Udaiyarpalaiyam Taluk, Ariyalur District and issue patta in the name of Mrs.Ambujathammal, W/o.Late Radhakrishnan after conducting an enquiry, but, the same is yet to be disposed of by the first respondent. Hence, the petitioner is before this Court.

4.

Heard Mr.S.Suresh Kumar, learned Government Advocate on behalf of the respondents 1 and 2.

5.

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 petitioner to file a copy of the representation dated 06.07.2015 to the first respondent within a period of two weeks from the date of receipt of a copy of this order and on receipt of copy of such representation, the first respondent is directed to consider the same and pass appropriate orders, on merits and in accordance with law, after issuing notice to the petitioner, the respondents 3 to 5 herein as well as any of the interested parties and also affording them an opportunity of

personal hearing within a period of four weeks from the date of receipt of a copy of this order.

6.

With the above directions, this writ petition stands disposed of. No costs. Consequently, connected Miscellaneous petition is also closed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar srn/av To

1. The District Collector, Ariyalur District, Office of District Collector of Ariyalur, Ariyalur - 621 704.

2. The Tahsildar, Udaiyarpalaiyam Taluk, Ariyalur District, Pincode - 621 804.

+1cc to Mr.Ganesh & Ganesh, Advocate, S.R.No. 88886 +1cc to the Government Pleader, S.R.No. 89452 W.P.No.33292 of 2018 & W.MP.No.38642 of 2018 VSNII(CO) GN(09/01/2019)