Faizal Ahmed v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.12.2018

CORAM

THE HONOURABLE MRS. JUSTICE PUSHPA SATHYANARAYANA W.P.No.33385 of 2018 and W.M.P.No.38756 of 2018 Faizal Ahmed, Partner, M/s.Coimbatore Chrome Tanning Company, Having Office at No.3, P.P.Amman Koil Street, Pallavaram, Chennai 600 044 .. Petitioner Vs.

1. The District Collector, Kancheepuram.

2. The District Revenue Officer, O/o.The District Collector, Kancheepuram.

3.The Revenue Divisional Officer, Tambaram Taluk, Kancheepuram.

4.The Special Tahsildar, Town Settlement, Pallavaram, Chennai 44 5.C.D.Meyyappan 6.G.Sofia Jothibai .. Respondents PRAYER : Writ Petition filed Under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, forbearing the respondents 1 to 4 from in any manner considering transfer of patta in favour of the fifth respondent on the basis of the representation dated 10.08.2018 and also by affording an opportunity to the fifth respondent on merits as as per law within a time to be stipulated by this Court. For Petitioner : Mr.L.Chandrakumar For Respondents : Mr.N.Inbanathan Additional Government Pleader

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 Writ of Mandamus forbearing the respondents 1 to 4 from in any manner considering transfer of patta in favour of the fifth respondent on the basis of the representation dated 10.08.2018.

3.

Though the petitioner has sought for a direction to the respondents 1 to 4 not to transfer the patta in favour of the fifth respondent, the learned counsel for the petitioner submits that it would suffice, if the said representation made by the petitioner is directed to be considered by the respondents, on merits.

4. Heard Mr.N.Inbanathan, learned Additional Government Pleader on behalf of the respondents 1 to 4.

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 respondents 1 to 4 to consider the petitioner's representation dated 10.08.2018 and pass appropriate orders, on merits and in accordance with law, after issuing notice to the petitioner, the respondents 5 and 6 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 closed.

Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar

srn/av To

1. The District Collector, Kancheepuram.

2. The District Revenue Officer, O/o.The District Collector, Kancheepuram.

3.The Revenue Divisional Officer, Tambaram Taluk, Kancheepuram.

4.The Special Tahsildar, Town Settlement, Pallavaram, Chennai 44.

+1cc to Mr.L.Chandrakumar, Advocate Sr.88105 +1cc to the Government Pleader Sr.88354 W.P.No.33385 of 2018 and W.M.P.No.38756 of 2018 rv[co] srg 23/01/2019