Madras High CourtWP(MD)/20027/2017disposed of

T.Ramachandran, v. The District Collector,

2017-11-01Honourable Mr Justice R. Mahadevan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.11.2017

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD) No.20027 of 2017 T.Ramachandran ... Petitioner -vs1. The District Collector, Virudhunagar District, Virudhunagar.

2. Revenue Divisional Officer, Virudhunagar District, Virudhunagar.

3. The Tahsildar, Aruppukottai Taluk, Virudhunagar District.

4. Asothaiammal

5. Pandi Jayalakshmi

6. Saradhaa

7. Saraswathi

8. Padmapriya

9. Dasammal ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents 1 to 3 to conduct an enquiry and to cancel the Patta No.3368 issued in the name of the 4 to 9 respondents and to restore the entries regarding the property in Survey No.816/1A, Chittikurichi Village, Aruppukottai Taluk, Virudhunagar District as made in Patta No.2371 by considering the petitioner's representation dated 26.08.2017.

For Petitioner : Mr.S.Senthilkumar For R1 to R3 : Mr.T.S.Mohamed Mohideen Addl. Govt. Pleader *****

O R D E R

This writ petition has been filed, seeking a direction to the respondents 1 to 3 to conduct an enquiry and to cancel the Patta No.3368 issued in the name of the 4 to 9 respondents and to restore the entries regarding the property in Survey No.816/1A,

Chittikurichi Village, Aruppukottai Taluk, Virudhunagar District as made in Patta No.2371 by considering the petitioner's representation dated 26.08.2017.

2. Mr.T.S.Mohamed Mohideen, Additional Government Pleader takes notice for R1 to R3. Notice to R4 to R9 is dispensed with, as no adverse order is going to be passed in this petition against them. By consent, the writ petition is taken up for final disposal at the admission stage itself.

3. The case of the petitioner is that when he applied for Chitta, it was found that there was no entry in respect of Patta No.2371 in SF No.816/1A, pursuant to which, he made a representation dated 26.08.2017 to the 3rd respondent to restore the entries in Patta No.2371. Since there was no response on the said representation, the petitioner is before this Court with the above direction.

4. The learned Additional Government Pleader appearing for the respondents 1 to 3 would submit that if a reasonable time is granted to the third respondent, the representation of the petitioner will be considered and suitable orders passed in a time bound manner.

5. In view of the above submission, this Court, without going into the merits of the matter, directs the third respondent to consider the representation submitted by the petitioner dated 26.08.2017 and pass necessary orders thereon on merits and in accordance with law, within a period of six weeks from the date of receipt of a copy of this order, after affording an opportunity of hearing to the petitioner, R4 to R9 and other interested parties, if any.

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

Sd/- Assistant Registrar(Co) /True Copy/ Sub Assistant Registrar To:

1. The District Collector, Virudhunagar District, Virudhunagar.

2. Revenue Divisional Officer, Virudhunagar District, Virudhunagar.

3. The Tahsildar, Aruppukottai Taluk, Virudhunagar District.

+1cc to The Special Government Pleader in SR.No.85145 ar AE/SV MMS/SAR2/17.11.2017/3P/5C W.P(MD) No.20027 of 2017 01.11.2017