R.Padmanabhan, v. The District Collector,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 31.10.2017

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P.(MD)No.19942 of 2017 R.Padmanabhan ... Petitioner Vs.

1.The District Collector, Dindigul District, Dindigul.

2.The District Revenue Officer, Dindigul, Dindigul District.

3.The Tahsildar, Dindigul East, Dindigul District.

... Respondents PRAYER:Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the 2nd Respondent to consider Petitioner's representation dated 03.03.2017 and to cancel the forged pattas as per Patta Pass Book Act which were issued on the basis of forged documents in connection with survey Nos.701, 782/1,2,3,4, at Malapatti, Balakrishnapuram, Dindigul Taluk, Dindigul District .

For Petitioner : Mr.C.M.Ganesan For Respondents : Mr.T.S.Mohammed Mohideen Additional Government Pleader

ORDER

This Writ Petition has been filed seeking to direct the second respondent to consider the representation dated 03.03.2017 and to cancel the pattas issued in survey Nos.701 and 782/1,2,3 & 4, at Malapatti, Balakrishnapuram, Dindigul Taluk, Dindigul District. 2.By consent, this writ petition is taken up for final disposal at the stage of admission itself.

3.The learned Counsel appearing for the petitioner would submit that the property in question belongs to the petitioner and as such he has been in possession and enjoyment of the same. While so, some third parties illegally obtained patta in their favour in respect of the said property. Though, the petitioner sent a representation dated 03.03.2017 to the second respondent to cancel the patta issued to the third parties, the same is kept pending without any action. Hence, the petitioner, seeking a appropriate direction to the respondent, has come before this Court. https://hcservices.ecourts.gov.in/hcservices/

4.The learned Special Additional Pleader appearing for the respondents would submit that the representation of the petitioner would be considered on merits within the time stipulated by this Court.

5.Considering the limited scope of the relief sought in this writ petition, this Court, without going into the merits of the case, directs the respondents to consider the representation of the petitioner, dated 03.03.2017 and pass appropriate orders, on its own merits and in accordance with law, after affording due opportunity of hearing to the petitioner as well as all the interested parties, if any, within a period of six weeks from the date of receipt of a copy of this order.

6. With the above direction, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar(T&P) /True Copy/ Sub-Assistant Registrar To 1.The District Collector, Dindigul District, Dindigul.

2.The District Revenue Officer, Dindigul, Dindigul District.

3.The Tahsildar, Dindigul East, Dindigul District.

+One cc to The Special Government Pleader, SR.No.84827 +One cc to Mr.C.M.Ganesan, Advocate, SR.No.84345 dsk RL/6C/2P/JC/SAR1/8/11/2017 W.P.(MD)No.19942 of 2017 https://hcservices.ecourts.gov.in/hcservices/ 31.10.2017