Madras High CourtWP/4404/2020disposed of

K.Munusamy, v. The State Rep. By

2020-11-09Honourable Mr Justice N. Anand Venkatesh3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 09.11.2020

CORAM

THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH W.P.No.4404 of 2020 K. Munusamy .. Petitioner Vs

1. The State, represented by The District Collector, Chengalpattu, Chengalpattu District.

2. The District Revenue Officer, Chengalpattu, Chengalpattu District.

3. The Revenue Development Officer, Chengalpattu, Kancheepuram District.

4. The Tahsildar, Thirukazhukundram Taluk, Thirukazhukundram.

5. The Village Administrative Officer, Perumaleari Village, Tirukazhukundram Taluk, Kancheepuram District.

6. Mr. Ramasamy .. Respondents.

Prayer:

Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Mandamus directing the respondents to consider and take appropriate legal action based on petitioner's representation dated 06.11.2019 and directing 4th respondent to cancel the patta issued in favour of 6th respondent proeprty situated at No.51, Perumaleari Village vide Survey No.194/28 extent of 5 Acre Annathina Porambokku land at Chengalpattu accordance with law.

For Petitioner : Mr. S.Sugendran For Respondents: Mr.S.N. Parthasarathy, Govt. Advocate for R1 to R5

ORDER

This Writ Petition has been filed for the issue of Writ of Mandamus directing the respondents 1 to 5 to consider the representation made by the petitioner on 6.11.2019, wherein, the petitioner is seeking for the cancellation of the patta issued in favour of the6th respondent.

2. Mr. S.N.Parthasarathy, learned Govt. Advocate appearing on behalf of respondents 1 to 5 submitted that the 4th respondent has called the parties for an enquiry on 17.11.2020 at 3 p.m. The learned counsel submitted that the petitioner can be present at the time of enquiry along with all the relevant documents. The learned counsel further submitted that the report will thereafter be placed before the 3rd respondent and the 3rd respondent will pass final orders within the time limit fixed by this Court.

3.Taking into consideration the facts and circumstances of the case and also of the fact that the 4th respondent has already called the parties for an enquiry, there shall be a direction to the 4th respondent to conduct the enquiry after affording opportunity to the petitioner and the 6th respondent and shall submit the report before the 3rd respondent within a period of six weeks from the date of receipt of a copy of this order. The 3rd respondent, on receipt of the report from the 4th respondent shall pass final orders strictly in accordance with law, within a period of six weeks thereafter.

4. This Writ Petition is disposed of with the above directions.No costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar msr To

1. The District Collector, Chengalpattu, Chengalpattu District.

2. The District Revenue Officer, Chengalpattu, Chengalpattu District.

3.The Revenue Development Officer, Chengalpattu, Kancheepuram District.

4.The Tahsildar, Thirukazhukundram Taluk, Thirukazhukundram.

5.The Village Administrative Officer, Perumaleari Village, Tirukazhukundram Taluk Kancheepuram District.

+1 cc to The Government Pleader, Sr.No. 36737 W.P.No.4404 of 2020 UM(CO) RMP(14/12/2020)