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Madras High CourtWP/3576/2021disposed of

Pottiammal v. The Commissioner For Land Administration,

2021-03-02Honourable Mr Justice N. Seshasayee3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.03.2021 CORAM: JUSTICE N.SESHASAYEE WP.No.3576 of 2021 Pottiammal

...Petitioner

-Vs1.The Commissioner for Land Administration, Department of Land Administration, Government of Tamil Nadu, Chepauk, Chennai - 600 005.

2.The District Collector, Dharmapuri District, Dharmapuri.

3.The District Revenue Officer, Dharmapuri District, Dharmapuri.

4.The Revenue Divisional Officer, Dharmapuri Revenue Division, Dharmapuri, Dharmapuri District.

5.The Tahsildar, Pennagaram Taluk, Pennagaram - 636 810.

Dharmapuri District.

6.Mr.Saravanan

...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 5 to cancel the entries of blocked the S.No.477/3A in the Revenue Records and restore the patta of Petitioner as well as make necessary entries in the revenue registers in respect her lands in S.No.477/3A, situated at Kukuttamaruthahalli Village, Pennagaram Taluk, Dharmapuri District, consequently direct the Respondents 2 to 5 to take appropriate action against the 6th Respondent for his illegal activities in the change of Revenue Records without any authority.

For Petitioner : Mr.M.R.Jothimanian For R1 to R5 : Mr.E.Balamurugan Special Government Pleader

ORDER

This Writ Petition is filed for a writ of Mandamus, directing the Respondents 1 to 5 to cancel the entries in respect of S.No.477/3A in the Revenue Records and to restore the patta of Petitioner as well as to make necessary entries in the revenue registers in respect of petitioner's in S.No.477/3A, situated at Kukuttamaruthahalli Village, Pennagaram Taluk, Dharmapuri District and consequently direct the Respondents 2 to 5 to take appropriate action against the 6th Respondent for his illegal activities in the change of Revenue Records without any authority.

2.The learned Special Government Pleader entered appearance for respondents 1 to 5 and made a statement on instructions that the enquiry was scheduled to take place on 26.02.2021 but, the enquiry could not take place as the fifth respondent was required by the fourth respondent to hold a preliminary enquiry.

Further that, the date is now rescheduled and is fixed on 06.03.2021 at 11.00 a.m before the fifth respondent.

3.The fifth respondent is directed to make his preliminary enquiry after giving notice to all those who are likely to be affected by his action and forward his report to the third and fourth respondents within a period of four weeks from the date of receipt of a copy of this order, subject to such time that may be lost due to any responsibilities that may be assigned to the fifth respondent in connection with the ensuing General Elections to the State Legislative Assembly. On receipt of the report, third respondent/fourth respondent, as the case may be, is directed to complete their enquiry and dispose of the representation within a period of 12 weeks thereafter.

4.The Writ Petition is disposed of accordingly. No costs. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar Tsg To 1.The Commissioner for Land Administration, Department of Land Administration, Government of Tamil Nadu, Chepauk, Chennai - 600 005.

2.The District Collector, Dharmapuri District, Dharmapuri.

3.The District Revenue Officer, Dharmapuri District, Dharmapuri.

4.The Revenue Divisional Officer, Dharmapuri Revenue Division, Dharmapuri, Dharmapuri District.

5.The Tahsildar, Pennagaram Taluk, Pennagaram - 636 810.

Dharmapuri District.

+1cc to Mr.M.R.Jothimanian, Advocate, S.R.No. 12891 +1cc to the Government Pleader, S.R.No. 13231 W.P.No.3576 of 2021 SMI(CO) GN(23/03/2021)