Madras High CourtWP/33542/2018disposed of

Krishnan v. The Government Of Tamil Nadu

2018-12-18Honourable Mrs Justice Pushpa Sathyanarayana3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.12.2018

CORAM

THE HONOURABLE MRS. JUSTICE PUSHPA SATHYANARAYANA W.P.No.33542 of 2018 Krishnan .. Petitioner Vs.

1. The Government of Tamil Nadu, Represented by its Secretary, Revenue Department, Fort St.George, Chennai 600 009.

2. The District Collector, Office of the District Collectorate, Thiruvannamalai.

3. The Revenue Divisional Officer, Thiruvannamalai.

4. The Tahsildar, Thiruvannamalai Taluk, Thiruvannamalai District .. Respondents PRAYER : Writ Petition filed Under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents particularly the Tahsildar, Thiruvannamalai Taluk, Thiruvannamalai District, the fourth respondent to consider the representation of the petitioner dated 06.06.2018 for cancellation of patta wrongly issued in respect of the land in Survey No.103/1A, 103/IC and 28/2, Meyyur Village, Thiruvanamalai Taluk, Thiruvannamalai District.

For Petitioner : Mr.K.Balakrishnan For Respondents : Mr.E.Balamurugan Special 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 direction to the fourth respondent to consider the representation of the petitioner dated 06.06.2018 for cancellation of patta wrongly issued in respect of the land in Survey No.103/1A, 103/IC and 28/2, Meyyur Village, Thiruvanamalai Taluk, Thiruvannamalai District.

3. According to the learned counsel for the petitioner, the petitioner has submitted a representation dated 06.06.2018 to the respondents 3 and 4 seeking to cancel the patta standing in the names of one Senniammal, Subramanian and Sivalingam, in respect of the land in Survey Nos.103/1A, 103/1C and 28/2. Subsequently, the third respondent has sent a communication vide O.M.No.A3/3888 dated 06.08.2018 to the fourth respondent and directed the fourth respondent to conduct an enquiry and submit a report to him, but, the same is yet to be disposed of by the fourth respondent. Hence, the petitioner is before this Court.

4. Heard Mr.E.Balamurugan, learned Special 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 fourth respondent to consider the petitioner's representation dated 06.06.2018 and pass appropriate orders, on merits and in accordance with law, after issuing notice to the petitioner and the persons interested in this regard 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.

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

1. The Secretary, Government of Tamil Nadu, Revenue Department, Fort St.George, Chennai 600 009.

2. The District Collector, Office of the District Collectorate, Thiruvannamalai.

3. The Revenue Divisional Officer, Thiruvannamalai.

4. The Tahsildar, Thiruvannamalai Taluk, Thiruvannamalai District +1cc to Mr.K.Balakrishnan, Advocate, S.R.No.87679 +1cc to the Government Pleader, S.R.No.88941 W.P.No.33542 of 2018 AK(CO) GSP(10/01/2019)