P.Rajesh v. The Thasildhar
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 26.02.2021 CORAM: JUSTICE N.SESHASAYEE WP.No.4405 of 2021 P.Rajesh
...Petitioner
-Vs1.The Tahsildar, Thiruporur Taluk, Kancheepuram District.
2.The Zonal Deputy Tahsildar, Thiruporur Taluk, Kancheepuram District.
3.S.Karunakaran 4.S.Sukumaran 5.S.Nagarajan 6.S.Ashok Mehta, 7.S.Nambirajan
8. The Revenue Divisional Officer, Chenglepet (R8 is suo motu impleaded vide orders of this Court dated 26.02.2021)
...Respondents
Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 1st and the 2nd respondents to consider the petitioner's representation dated 20.09.2018 to cancel the patta bearing no.2252 wrongly issued in favour of the 3rd to 7th respondents and to issue patta in the petitioner's name in respect of the lands comprised in S.No.1319/1 measuring to an extent of 25 cents and S.No.1321 measuring to an extent of 76 cents of THAIYUR 'B' Village.
For Petitioner : Mr.M.Vijayanand For Respondents: Mr.M.Manigopi, Government Advocate for RR1, 2 & 8.
ORDER
This Writ Petition is filed by the petitioner seeking a direction to the first and the second respondents to consider the petitioner's representation dated 20.09.2018 to cancel the patta bearing no.2252 wrongly issued in favour of the 3rd to 7th respondents and to issue patta in the petitioner's name in respect of the lands comprised in S.No.1319/1 measuring to an extent of 25 cents and S.No.1321 measuring to an extent of 76 cents of THAIYUR 'B' Village.
2.Mr.Manigopi, learned Government Advocate entered appearance for the respondents 1 & 2 and made a statement that the competent authority is the RDO, Chengalpet and the Tahsildar has to make over the representation to the RDO. He also added that the RDO has not been made as a party to the proceedings. 3.This Court, suo motu impleads RDO, Chengalpet as the 8th respondent.
4.Mr.Manigopi, learned Government Advocate takes notice for the newly impleaded 8th respondent and he made a further statement that an enquiry is scheduled to take place on 03.03.2021 at 3 p.m. at the Office of the RDO/ 8th respondent herein.
5.The said statement of the learned Government Advocate is recorded.
6.In view of the above, no further direction is required to be given except that the eighth 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 petitioner's representation dated 20.09.2018 through a speaking order within a period of twelve (12) weeks after the conclusion of the General Elections to the Legislative Assembly - 2021.
7.The Writ Petition is disposed of accordingly. No costs. Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar
dn To 1.The Tahsildar, Thiruporur Taluk, Kancheepuram District.
2.The Zonal Deputy Tahsildar, Thiruporur Taluk, Kancheepuram District.
3.The Revenue Divisional Officer, Chengalpet.
+1cc to M/s.M.Vijayanand, Advocate Sr.11821 W.P.No.4405 of 2021 pl[co] srg 24/03/2021