Madras High Court
Jeyakanthan vs The District Collector on 1 July, 2016
Author: Huluvadi G. Ramesh
Bench: Huluvadi G.Ramesh, M.V.Muralidaran
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 1.7.2016
CORAM
THE HONOURABLE MR.JUSTICE HULUVADI G.RAMESH
AND
THE HONOURABLE MR.JUSTICE M.V.MURALIDARAN
W.P.No.22268 of 2016
and
W.M.P.No.18996 of 2016
Jeyakanthan Petitioner
Versus
1 The District Collector
Villupuram
2 The Revenue Divisional Officer
Revenue Divisional Office Kallakurichi
3 The Tahsildar
Kallakurichi
4 K.P.Natarajan Respondents
Prayer: Writ petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing the respondents to consider the petitioner's representation dated 05.10.2015 and consequently direct respondents 1 to 3 not to grant patta in favour of 4th respondent with respect to the pattai poramboke in S.No.330/2A Vilanthangal Village Kallakurichi.
For petitioner : Mr.N.Subramani
For RR 1 to 3 : Mr.B.Anandan, Government Advocate
ORDER
(Order of the court was made by HULUVADI G.RAMESH, J.) Heard the learned counsel for the petitioner and the learned Government Advocate, who takes notice on behalf of respondents 1 to 3. Notice to the fourth respondent is dispensed with.
2. The writ petition has been filed seeking issuance of writ of mandamus directing the respondents to consider the petitioner's representation dated 05.10.2015 and consequently direct respondents 1 to 3 not to grant patta in favour of 4th respondent with respect to the pattai poramboke in S.No.330/2A Vilanthangal Village Kallakurichi.
3. It appears that the petitioner has got a house constructed in Natham Vilanthangal Village in S.No.340/7A1A1 to an extent of 1425 sqft, having purchased the said land during 1996. The grievance of the petitioner is that the pathway in S.No.330/2A is a pattai poramboke and it has been used as an access of pattai by him for long time, but, the fourth respondent tried to encroach the same and in respect of the said pattai paramboke land, the respondent-authorities intend to issue patta in respect of the fourth respondent and hence, the petitioner had submitted a representation dated 5.10.2015 to the authorities and since the same was not considered by the authorities, the present writ petition has been filed.
4. Considering the facts and circumstances of the case, respondents 1 to 3 are directed to consider the representation of the petitioner dated 5.10.2015, after issuance of notice to the petitioner and the fourth respondent and after hearing them and pass appropriate orders on merits and in accordance with law. Till then, status quo shall be maintained. The writ petition is disposed of accordingly. No costs. The connected miscellaneous petition is closed.
(H.G.R.,J.)(M.V.M.,J.)
Index:Yes/No 1.7.2016
Internet:Yes/No
ssk.
To:
1 The District Collector
Villupuram
2 The Revenue Divisional Officer
Revenue Divisional Office Kallakurichi
3 The Tahsildar Kallakurichi
HULUVADI G. RAMESH, J.
AND
M.V.MURALIDARAN, J.
ssk.
W.P.No.22268 of 2016
1.7.2016.