IN THE HIGH COURT OF JUDICATURE AT MADRAS
KRISHNAN RAMASAMY, J
A.Vajiram s/o.Anniyappan – Appellant
Versus
The District Collector Ranipet – Respondent
Writ Petition No.31710/2018
| Table of Content |
|---|
| 1. seeking cancellation of patta (Para 1 , 2 , 3) |
| 2. respondents' commitment to dispose of representation (Para 4) |
| 3. court's directive on enquiry and timeframes (Para 5 , 6) |
PRAYER Writ Petition, filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, direction to the 2nd and 4th respondents in the light of the order passed by this Honourable Court in W.P. No.31710/2018, dated 05.02.2019 and also to consider the subsequent representation of the petitioner dated 01.02.2021 to cancel the patta issued in the name of 5th respondent in patta bearing No.623 and to issue the patta in the name of the petitioner within a time frame fixed by this Honourable Court For Petitioner(s): Mr.P.Prakash Paul For Respondent(s): Mr.C.Gowthamaraj, GA For R1 To R4.
No appearance for R5
ORDER
This writ petition has been filed seeking for a direction to the 2nd and 4th respondents in the light of the order passed by this Court in W.P. No.31710/2018, dated 25.02.2019 and also to consider the subsequent representation of the petitioner dated 01.02.2021 to cancel the patta issued in the name of 5th respondent in patta bearing No.623 and to issue the patta in the name of the petitioner.
2. The learned counsel for the petitioner would submit that in this case, initially a representation dated 19.03.2018 was filed by the petitioner to cancel the patta issued by the 4th respondent. However, the same was not considered. Aggrieved over the same, a writ petition in WP.No.31710 of 2018 was filed by the petitioner. The said writ petition was disposed of by this Court on 30.11.2018 with a direction to dispose of the petitioner’s representation within a period of 4 weeks. Pursuant to the said order, the respondent had disposed of the petitioner’s representation and hence, the aforesaid writ petition was closed vide order dated 25.02.2019. However, the respondent had failed to cancel the patta as requested by the petitioner.
3. Further, he would submit that the petitioner had filed another representation dated 01.02.2021 to cancel the patta issued in the name of 5th respondent and to issue the same in the name of petitioner. However, the said representation was not at all considered by the respondent till date. Hence, this petition.
4. In reply, the learned counsel appearing for the respondent would submit that the petitioner's representation dated 01.02.2021 will be disposed of by the 2nd and 4th respondents within a period of 12 weeks.
5. Heard the learned counsel for the petitioner and the learned counsel appearing for the respondent and also perused the entire materials available on record.
6. In view of the above, without expressing any opinion on the merits of the matter, this Court directs the 2nd and 4th respondents to issue notice to all the interested parties and conduct the enquiry and thereafter, dispose of the representation of the petitioner dated 01.02.2021, on merits and in accordance with law, within a period of 12 weeks from the date of receipt of a copy of this order.
7. With the above directions, this writ petition is disposed of. No cost.
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