R.Vasantha v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 03.02.2021
CORAM:
THE HONOURABLE MR. JUSTICE N.SESHASAYEE WP.No.2022 of 2021 Mrs.R.Vasantha
...Petitioner
-Vs1.The District Collector, Salem District, Salem - 636 001.
2.The Revenue Divisional Officer, Salem - 636 001.
3.The Tahsildar, Salem Taluk, Salem - 636 001.
4.Ramachandran
...Respondents
Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 2nd Respondent to conclude the enquiry in respect of the mutation of revenue documents made in favour of the 4th Respondent and the deceased Sundram and Sekar, in respect of the property bearing old S.No.202/1 and T.S.No.2/1A and 2/1B measuring about 361⁄2 cents of land situated at Puthumariamman Koil Post, Salem and pass order based on the Representation dated 07.10.2014 submitted by the petitioner within a stipulated period of time.
For Petitioner : Mr.A.Nagarathinam For R1 to R3 : Mr.E.Balamurugan Special Government Pleader
ORDER
The petitioner has preferred a representation dated 07.10.2014 before the second respondent for cancellation of patta. 2.It is the case of the petitioner that the matter was involved in a litigation in O.S.No.524 of 2007 on the file of the First Additional District Munsif, Salem, in which, the petitioner succeeded. Challenging which, the other side preferred an appeal in A.S.No.60 of 2017. That came to be dismissed on 01.07.2020 by the Principal Sub Judge, Salem and
accordingly, the title of the plaintiff stands confirmed. The petitioner accordingly, now seeks a direction to dispose of his application dated 07.10.2014 for cancellation of patta, which is pending before the second respondent. 2.Mr.E.Balamurugan, learned Special Government Pleader takes notice for the respondents 1 to 3 and made a statement on instructions that the enquiry is scheduled to take place on 17.02.2021 at 04.00 p.m. at the office of the second respondent.
3.The said statement of the learned Special Government Pleader is recorded.
4.In view of the above, no further direction is required to be given except that the second respondent is directed to issue notice to all the parties who are likely to be affected by his decision, provide them a fair and effective hearing and to dispose of the matter through a speaking order within a period of eight (8) weeks from the date of receipt of a copy of this order.
5.The Writ Petition is disposed of accordingly. No costs. 6.Post the matter for reporting compliance on 05.04.2021. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar Tsg To 1.The District Collector, Salem District, Salem - 636 001.
2.The Revenue Divisional Officer, Salem - 636 001.
3.The Tahsildar, Salem Taluk, Salem - 636 001.
Copy to:
The Section Officer, Writ Section, High Court, Madras-104.
(To list on 05.04.2021 FRC)
+1cc to Mr.A.Nagaratinam, Advocate SR.5600 +1cc to the Government Pleader SR.5897 Order made in W.P.No.2022 of 2021 UM(CO) CB(22/02/2021)