K.Rajarathinam Vs the Revenue Divisional Officer

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue Writ of Mandamus directing the respondents to consider and dispose of the representation dated 27.12.2022 for issuing patta in the names of the petitioners in respect of T.S.No.69, Block No.26 Ayanavaram village Ayanavaram Taluk, Chennai District measuring an extent of 616 sq.ft and T.S.No.67 Block No.26, Ayanavaram Village, Ayanavaram Taluk, Chennai District measuring an extent of 1800 sq.ft within a time frame.

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For Petitioners : Mr.N.Kalidoss

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For Respondents : Mr.P.Sathish, Additional Government Pleader

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ORDER

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By consent of learned counsel on both sides, this writ petition is taken up for final disposal at the admission stage itself.

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The present writ petition is filed praying for a writ of mandamus to direct respondents to consider and dispose of the representation dated 27.12.2022 seeking issuance of patta in the names of petitioners in respect of properties comprised in T.S.No.69, measuring an extent of 616 sq.ft and comprised in T.S.No.67 measuring

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an extent of 1800 sq.ft situated at Block No.26, Ayanavaram village Ayanavaram Taluk, Chennai District

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3. At the outset, it is submitted by Mr.P.Sathish, learned Additional Government Pleader for respondents 1 and 2 that petitioners' representation dated 27.12.2022 would be considered and appropriate orders would be passed, within a

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time frame to be fixed by this Court, which was agreed to by learned counsel for petitioners.

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In view of the limited relief that is prayed, this court is inclined to dispose of the writ petition with following directions:

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i) The respondents shall consider representation dated 27.12.2022 after

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issuing notice, conducting enquiry and affording a reasonable opportunity of hearing to petitioners and all other interested parties including rival claimants, if any and pass orders.

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ii) Though facts have been set out in affidavit, in view of the limited relief that is sought to be granted, I do not propose to examine the same, lest it may influence the authority. The authority shall independently consider the facts and law set out in the representation and pass appropriate order in accordance with law including but not limited to the provisions of the Tamil Nadu Patta Pass Book Act and Rules.

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iii) The petitioners' representation dated 27.12.2022 shall be disposed of within a period of sixteen (16) weeks from the date of uploading of web copy without waiting for the receipt of certified copy.

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iv) It is made clear that this Court has not expressed any views with regard to

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the merits of the case and it is open to the concerned respondent to consider the

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matter on its own merits and in accordance with law. R ights and contentions of the

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