A/M. Ranganatha Perumal Thirukoil, v. The Collector,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 21.12.2021
CORAM
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN W.P.NO.3737 OF 2020 A/m.Ranganatha Perumal Thirukoil, Represented by its Executive Officer, Thiruneermalai, Chennai - 600 132.
... Petitioner -Vs1. The Collector, District Collector Officer, Chingleput District.
2. The District Revenue Officer, District Collector Office, Chingleput.
3. The Revenue Divisional Officer, Tambaram, Chennai - 600 045.
... Respondents PRAYER:- Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the third respondent herein to conduct an enquiry based on the representation dated 13.11.2019. For Petitioner :
Mr.Wilson Topaz For M/s.A.S.Kailasam & Associates For Respondents :
Mr.A.M.Ayyadurai Government Advocate
ORDER
This Writ Petition has been filed for the issuance of Writ of Mandamus, directing the third respondent herein to conduct an enquiry based on the representation, dated 13.11.2019.
2. Heard Mr.Wilson Topaz, learned counsel appearing for the petitioner and Mr.A.M.Ayyadurai, learned Government Advocate appearing for the respondents.
3. The petitioner submitted a representation to the respondents to cancel the patta issued in favour of the third persons, in respect of various survey numbers situated at Thiruneermalai Village, Chengalpet District. On receipt of the same, the first respondent forwarded the same to the second respondent to conduct an enquiry and pass orders. Accordingly, the second respondent issued notice to the persons who are in possession and enjoyment of the subject property by a notice, dated 13.02.2019.
4. While pending the enquiry, the petitioner filed this writ petition, for direction, directing the respondents to consider the representation of the petitioner. While pending the writ petition, the second respondent passed an order in the month of April 2020 in respect of the property to an extent of 21 acres alone and insofar as the remaining property is concerned, no enquiry was conducted.
5. Considering the above, the petitioner is directed to submit a fresh representation in respect of the remaining property which are occupied by third parties, within a period of two weeks from the date of receipt of a copy of this order. On receipt of the same, the second respondent is directed to conduct an enquiry, after issuing notice to the persons who occupied the subject land and after giving them an opportunity of hearing, pass orders on merits and in accordance with law, within a period of twelve weeks thereafter.
6. With the above directions, this writ petition is disposed of. There shall be no order as to costs. Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar mn To 1.
The Collector, District Collector Officer, Chingleput District.
2.
The District Revenue Officer, District Collector Office, Chingleput.
3.
The Revenue Divisional Officer, Tambaram, Chennai - 600 045.
+1cc to M/s.A.S.Kailasam & Associates, Advocate, S.R.No.68605 +1cc to the Government Pleader, S.R.No.69590 W.P.NO.3737 OF 2020 SJ(CO) PBS/21/01/2022