R.Sethuraman v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.11.2017

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD)No.21602 of 2017 R.Sethuraman ... Petitioner Vs.

1. The District Collector, O/o. District Collector, Sivagangai, Sivagangai District.

2. The District Revenue Officer, O/o. District Revenue Officer, Sivagangai District.

3. The Revenue Divisional Officer, O/o. Revenue Divisional Officer, Sivagangai District.

4. The Tahsildar, Kalaiyarkovil Taluk, Sivagangai District.

5. N.C.Vasudevan

6. Subramaniyan

7. Alagammai Chidambaram

8. Lakshmi Sevagan ... Respondents PRAYER:

Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the 1st to 4th Respondents to consider petitioner's representation dated 03.11.2017 regarding the bogus sale deed vide Document Nos. 295/2011 and 288/2011 dated 24.01.2011 and change the bogus patta No.453 in his land vide patta No.215 & 275 comprised in Survey No.38/2 and 35/4 with an extent of 0.64.50 Hectares 1 Acre and 59 cents and 0.52.50 Hectares 1 Acres 21 cents respectively, consequently cancel the bogus patta No.453 and issue a new patta in petitioner name.

For Petitioner : Mr.R.Sundar For Respondents : Mr.T.S.Mohamed Mohideen, Additional Government Pleader for R.1 to R.4

O R D E R

By consent, this writ petition itself is taken up for final disposal, at the stage of admission.

2. Heard the learned Counsel for the petitioner and Mr.T.S.Mohamed Mohideen, learned Additional Government Pleader, who takes notice for the respondents 1 to 4. Notice to other respondents is dispensed with, as no adverse order is going to be passed and opportunity of hearing will be provided to them, by the authorities concerned.

3. According to the petitioner, the property in question belongs to him and the same was purchased by the fifth respondent by deed dated 15.04.1996, which, according to the petitioner, was subsequently cancelled in the same year. While so, the fifth respondent, colluding with some authorities, created bogus patta in the name of the other contesting respondents, with regard to the property in question and aggrieved over the same, the petitioner has submitted a representation on 03.11.2017, before the authorities to cancel the bogus patta and to issue patta in his name. As the same is kept pending without any action, he is before this Court, for the aforesaid relief.

4. When the matter is taken up for hearing today, the learned Counsel for the petitioner submitted that it would suffice, if a direction is issued to the authorities to dispose of his representation, on merits, within a stipulated time limit.

5. Considering the facts and circumstances of the case and also the limited scope of the relief sought for, this Court, without going into the merits of the petitioner's claim, directs the respondents 1 to 4 to consider the representation of the petitioner dated 03.11.2017 and pass appropriate orders, on its own merits and in accordance with law, after affording due opportunity of hearing to the petitioner and the respondents 5 to 8 as well as all the other interested parties, if any, within a period of six weeks from the date of receipt of a copy of this order.

6. The writ petition is disposed of as above. No costs. Sd/- Assistant Registrar (CO) /True Copy/ Sub Assistant Registrar

To

1. The District Collector, O/o. District Collector, Sivagangai, Sivagangai District.

2. The District Revenue Officer, O/o. District Revenue Officer, Sivagangai District.

3. The Revenue Divisional Officer, O/o. Revenue Divisional Officer, Sivagangai District.

4. The Tahsildar, Kalaiyarkovil Taluk, Sivagangai District.

+ 1 CC TO SPECIAL GOVERNMENT PLEADER IN SR No. 89613 + 1 CC TO Mr.R.SUNDAR, ADVOCATE IN SR No. 88890 GK TE/KP/SAR-1 : 08/12/2017 : 3P/7C W.P(MD)No.21602 of 2017 23.11.2017