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Madras High Court

K.Perumal vs The District Collector on 20 January, 2016

Author: K.Kalyanasundaram

Bench: K.Kalyanasundaram

        

 
IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED  20.01.2016

CORAM

THE HONOURABLE MR. JUSTICE K.KALYANASUNDARAM

W.P. No.1670 of 2016

K.Perumal			...  		Petitioner  

				Vs.

1. The District Collector, 
    Tiruvannamalai District,
    Tiruvannamalai.

2. Revenue Divisional Officer,
    Tiruvannamalai District,
    Tiruvannamalai.

3. Tahsildar,
   Chengam Taluk,
   Chengam.

4. Mrs.Radha	 		...  		Respondents 
	

PRAYER : Writ petition has been filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the 3rd Respondent to settle the grievance of the petitioner in accordance with the instructions issued by the 1st Respondent dated 17.04.2015 and the 2nd Respondent dated 24.04.2015.

	For Petitioner  	 :  Mr.R.Malaichamy

	For Respondent      :   Mr.V.Subbiah
	Nos.1 to 3	     Special Government Pleader

O R D E R

By consent, the Writ Petition is taken up for final disposal at the time of admission itself.

2. This Writ Petition is filed for issuance of writ of mandamus directing the third respondent to settle the grievance of the petitioner in accordance with the instructions issued by the 1st Respondent dated 17.04.2015 and the 2nd Respondent dated 24.04.2015.

3. The petitioner would state that he belongs to Schedule Caste Irular Community and his grandfather Irular Narayanan was allotted a small extent of land in Survey No.610/11. After his demise on 08.02.1992, the petitioner is to be in possession and enjoyment of the land by paying land tax.

4. The grievance of the petitioner is that when his family went out of the village for livelihood, one Pragalathan S/o. Ayyavoo obtained a patta in his mother's name i.e. the 4th respondent. Therefore, the petitioner made a representation dated 01.04.2015, to the first respondent, requesting to cancel the patta and the same was forwarded to the third respondent for necessary action on 17.04.2015. Since no action was taken, the present Writ Petition has been filed.

5. Heard the submissions of Mr.R.Malaichamy learned counsel for the petitioner and Mr.V.Subbiah, learned Special Government Pleader, who accepts notice on behalf of the respondents 1 to 3.

6. This Court, considering the submission of the learned counsel for the petitioner and without going into the merits of this case, directs the third respondent to consider and dispose of the representation of the petitioner dated 01.04.2015 and also reference made by the Collector/first respondent dated 17.04.2015 and pass orders on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order and communicate the decision, to the petitioner.

This Writ Petition is disposed of accordingly. No costs.

20.01.2016 Index : Yes / No Internet : Yes / No arr/sms K.KALYANASUNDARAM,J arr/sms To

1. The District Collector, Tiruvannamalai District, Tiruvannamalai.

2. Revenue Divisional Officer, Tiruvannamalai District, Tiruvannamalai.

3. Tahsildar, Chengam Taluk, Chengam.

20.01.2016