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Madras High CourtWP/10595/2017disposed of

S.Nallathambi v. The District Collector

2017-04-26Honourable Mr Justice M.Duraiswamy2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26.04.2017

CORAM

THE HON'BLE Mr. JUSTICE M.DURAISWAMY W.P.No.10595 of 2017 S.Nallathambi ... Petitioner Vs.

1. The District Collector of Salem, Salem.

2. The Revenue Divisional Officer, Revenue Divisional Office, Attur, Salem District.

3. The Zonal Sub Tahsildar, Tahsildar Office, Attur, Salem District.

4. The Village Administrative Officer, Kattukottai Village, Attur Taluk, Salem District.

... Respondents Petition filed under Article 226 of The Constitution of India praying to issue a writ of mandamus directing the 3rd respondent herein to conduct enquiry as per the direction of the 2nd respondent herein and issue change of Patta No.1383 to the petitioner for the lands measuring 30 cents (0.12.0 hectares) comprised in Survey No.449/9 and 14 cents (0.05.5 hectares) comprised in Survey No.449/8 in Kattukottai Village, Attur Taluk, Salem District.

For Petitioner : Mr.T.Dhanasekaran For Respondents : Mr.S.Pattabiraman, Government Advocate

O R D E R

The petitioner has filed the above Writ Petition to issue a writ of mandamus directing the 3rd respondent to conduct an enquiry as per the direction of the 2nd respondent and issue change of Patta No.1383 to the petitioner for the lands measuring 30 cents (0.12.0 hectares) comprised in Survey No.449/9 and 14 cents (0.05.5 hectares) comprised in Survey No.449/8 in Kattukottai Village, Attur Taluk, Salem District. https://hcservices.ecourts.gov.in/hcservices/

2.The learned counsel appearing for the petitioner submitted that the 2nd respondent had directed the 3rd respondent to conduct an enquiry and pass orders by his letter dated 30.06.2016. Further, the learned counsel submitted that inspite of the direction of the 2nd respondent to the 3rd respondent, the 3rd respondent has not passed any orders so far.

3.Mr.S.Pattabiraman, learned Government Advocate taking notice for the respondents submitted that the 3rd respondent may be directed to complete the enquiry and pass orders in accordance with law.

4.Having regard to the submissions made by the learned counsel on either side, taking into consideration the limited prayer sought for in the Writ Petition, without expressing any opinion with regard to the merits of the case, I direct the 3rd respondent to conduct enquiry as per the direction of the 2nd respondent and pass orders on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order.

5.With these observations, the Writ Petition is disposed of. No costs.

-s/d- Assistant Registrar True Copy Sub-Assistant Registrar To

1. The District Collector of Salem, Salem.

2. The Revenue Divisional Officer, Revenue Divisional Office, Attur, Salem District.

3. The Zonal Sub Tahsildar, Tahsildar Office, Attur, Salem District.

4. The Village Administrative Officer, Kattukottai Village, Attur Taluk, Salem District.

W.P.No.10595 of 2017 CA(CO) sp/5/5 https://hcservices.ecourts.gov.in/hcservices/