Mariappan v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.03.2025

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH 1.Mariappan 2.Hari Babu 3.Kala 4.Krishnan ... Petitioners Vs.

1.The District Collector, Kanchipuram District, Kanchipuram.

2.The District Revenue Officer, Kancheepuram District.

3.Suseela Bhaiya 4.Vishal Bhaiya 5.Mahendra Kumar Bhaiya 6.Kumar Bhaiya 7.Rajiv Bhaiya 8.Omprakash Bhatat 9.Vivek Bhaiya 10.Gowrav Bhaiya 11.Siddharth Bhaiya 12.Kunal Bhaiya 13.Swetha Bhaiya 14.Vanshika Bhaiya 15.Anisha Bhaiya 16.Susheela Bhaiya 17.Miral Bhaiya 18.Niketha Vishal Bhaiya 1/4

19.Nichael Bhaiya 20.Shivani Kothari 21.Krishna Bhaiya 22.Shivani Bhaiya 23.Nithi Bhaiya 24.Vandhana Bhatat 25.Sonali Bhattar ... Respondents Writ Petition filed under Article 226 of the Constitution of India seeking issuance of a Writ of Mandamus directing the respondents 1 and 2 to conduct a comprehensive enquiry and cancel the Patta No.5432 issued in favour of the respondents 3 to 25 insofar as it relates to the land comprised in Survey No.365 measuring 4 acres in Padappai Village, Kundrathur Taluk, Kancheepuram District and to issue patta to the petitioners herein within a time limit.

For Petitioners : Mr.R.Dakshina Murthy For Respondents : Mr.A.Selvendran Special Government Pleader [R1 & R2] *****

O R D E R

This writ petition has been filed seeking issuance of a writ of mandamus directing the second respondent to conduct enquiry and to cancel the patta issued in favour of respondents 3 to 25 with respect to the subject property.

2. Heard Mr.R.Dakshina Murthy, learned counsel for 2/4

petitioners and Mr.A.Selvendran, learned Special Government Pleader appearing for respondents 1 and 2.

3. The petitioners submitted representations before the respondents 1 and 3 seeking for cancellation of patta granted in favour of the respondents 3 to 25. Pursuant to the same, enquiry notice was issued and enquiry was conducted by the revenue authorities and the report has been placed before the second respondent. The second respondent, thereafter, did not call the parties for enquiry and it was kept pending. It is under these circumstances, the present writ petition has been filed before this Court seeking for appropriate directions.

4. Taking into consideration the facts and circumstances of the case and the materials placed before this Court, there shall be a direction to the second respondent to deal with the representation made by the petitioners based on the reports that have been submitted by the revenue authorities and call for enquiry by issuing notice to the petitioners and respondents 3 to 25 and take a final decision on its own merits and in N.ANAND VENKATESH, J 3/4

gm accordance with law within a period of twelve (12) weeks from the date of receipt of a copy of this order.

This writ petition is disposed of with the above direction. No costs.

06.03.2025 Index: Yes/no Speaking Order/Non-Speaking Order gm To 1.The District Collector, Kanchipuram District, Kanchipuram.

2.The District Revenue Officer, Kancheepuram District.

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