Kuppan v. The District Collector,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 22.02.2021 CORAM: JUSTICE N.SESHASAYEE WP.No.3553 of 2021 Kuppan
...Petitioner
-Vs1. The District Collector, Tiruvannamalai District, Tiruvannamalai.
2. The Revenue Divisional Officer, Tiruvannamalai, Tiruvannamalai District.
3. The District Revenue Officer, Cheyyar, Tiruvannamalai District.
4. Tasildhar, Cheyyar Taluk Office, Cheyyar, Tiruvannamalai.
5.E.Murugan 6.Ashok Kumar
...Respondents
Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 to 3 to cancel the patta granted in favor of the 5th respondent with respect to property admeasuring 81 cents comprised in Survey No.53/4, admeasuring 2.5 cents comprised in Survey No.54/7A and 1.5 cents comprised in Survey No.54/7C, Koda Nagar, Cheyyar Town and Taluk, Tiruvannamalai District by consideration petitioner's representation dated 27.01.2020.
For Petitioner : Mr.R.Rajarajan For R1 to R4 : Mr.S.N.Parthasarathi Government Advocate
ORDER
This Writ Petition is filed for a writ of Mandamus, directing the respondents 1 to 3 to cancel the patta granted in favor of the 5th respondent with respect to property
admeasuring 81 cents comprised in Survey No.53/4, admeasuring 2.5 cents comprised in Survey No.54/7A and 1.5 cents comprised in Survey No.54/7C, Koda Nagar, Cheyyar Town and Taluk, Tiruvannamalai District by consideration petitioner's representation dated 27.01.2020.
2.Mr.S.N.Parthasarathi, learned Government Advocate entered appearance for respondents 1 to 4 and submitted that where the petitioner ought to prefer an appeal to the RDO/second respondent, he has just made a representation to the District Collector/first respondent. He submitted, however, taking cognizance of the representation made by the petitioner dated 27.01.2021, the RDO has preferentially fixed the enquiry on 11.03.2021 at 3.00 p.m at his office. He submitted that the RDO/second respondent will be accepting the appeal if the same is preferred well in advance. 3.The learned counsel for the petitioner submitted that a formal appeal would be filed.
4.The RDO/second respondent requires some appreciation, since at one level he has consider the representation made to the Collector as an appeal from the citizen. However, procedure being what it is, the petitioner is also now required to make his appeal before the RDO/second respondent formally within a period of one week from today (22.02.2021).
5.Subject to the petitioner preferring an appeal within a period of one week from today as directed above, the RDO may hold an enquiry on 11.03.2021. at 3.00 p.m as scheduled after serving notice on 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 twelve (12) weeks from the date of receipt of a copy of this order, subject to the period, if any lost for the responsibilities associated with the conduct of the General Elections, 2021.
6.The Writ Petition is disposed of accordingly. No costs.
Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar Tsg
To
1. The District Collector, Tiruvannamalai District, Tiruvannamalai.
2. The Revenue Divisional Officer, Tiruvannamalai, Tiruvannamalai District.
3. The District Revenue Officer, Cheyyar, Tiruvannamalai District.
4. Tasildhar, Cheyyar Taluk Office, Cheyyar, Tiruvannamalai.
+1cc to the GP SR.No.10726.
Order made in W.P.No.3553 of 2021 SMI(CO) CSR 23.3.2021