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Madras High CourtWP/6390/2021disposed of

T.Umapathy v. The District Collector

2021-03-12Honourable Mr Justice N. Seshasayee3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.03.2021 CORAM: JUSTICE N.SESHASAYEE WP.No.6390 of 2021 &WMP.No.6999 of 2021 Mr.T.Umapathi

...Petitioner

-Vs1.The District Collector, Tiruvallur District Collector Office, Master Plan Complex NH-205, Tiruvallur - 602 001.

2.The Special Tahsildar, Nagara Nilavari Thittam, Madhavaram Taluk, Gandhi Main Road, Balaji Nagar, Madhavaram, Chennai 600 066.

3.Mrs.Pankajam 4.Mrs.Rajeswari 5.Mrs.Nalini 6.Mr.V.Viji 7.The Sub Registrar, Madhavaram Sub Registrar Office, First Street, Roja Nagar, Madhavaram, Chennai - 600 060.

8.The Revenue Divisional Officer, Chennai Central, Chennai.

...Respondents

Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the Respondents 1 & 2 to conduct enquiry on petitioner representation pending before the 1st and 2nd Respondent dated 04.01.2021 and pass appropriate order to cancel the wrongly issued in S.R.No.9411/2019 in Patta No.10740 in favour of 3rd and 4th Respondent individual name pertaining to our joint family property measuring 3586 Sq.Ft. in Madhavaram Village, Survey No.1150/1 Part as per Patta Survey No.1150/1A1A (Part) in S.R.No.9411/2019 of Patta No.10740 at New Survey No.49, of Punja

land in Door No.69, Big Street, Ponniammanmedu Post, Chennai 600 110 situated within the registration district of North Chennai and Sub Registration office of Madhavaram, Chennai - 60 within the time frame as may be fixed by this Hon'ble Court. For Petitioner : Mr.M.Anandan For R1 & R2 : Mr.M.Manigopi Government Advocate

ORDER

This Writ Petition is filed for a writ of Mandamus, directing the Respondents 1 & 2 to conduct enquiry on petitioner representation pending before the 1st and 2nd Respondent dated 04.01.2021 and pass appropriate order to cancel the wrongly issued in S.R.No.9411/2019 in Patta No.10740 in favour of 3rd and 4th Respondent individual name pertaining to our joint family property measuring 3586 Sq.Ft. in Madhavaram Village, Survey No.1150/1 Part as per Patta Survey No.1150/1A1A (Part) in S.R.No.9411/2019 of Patta No.10740 at New Survey No.49, of Punja land in Door No.69, Big Street, Ponniammanmedu Post, Chennai 600 110 situated within the registration district of North Chennai and Sub Registration office of Madhavaram, Chennai - 60 within the time frame as may be fixed by this Hon'ble Court. 2.Mr.M.Manigopi, learned Government Advocate takes notice for the respondents 1 and 2 and made a statement that the petitioner seeks cancellation of patta and the competent Authority is the RDO, Chennai Central.

3.Since the RDO, Chennai Central is not a party to the proceedings, this Court suo moto impleads the RDO, Chennai Central as the eighth respondent.

4.Mr.M.Manigopi, learned Government Advocate takes notice for the eight respondent 5.The learned Government Advocate further submitted that an enquiry is scheduled to take place on 28.05.2021 at 11.00 a.m. at the office of the eight respondent/RDO.

6.The said statement of the learned Government Advocate is recorded.

7.In view of the above, no further direction is required to be given except that the eight 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 matter through a speaking order within a period of twelve (12) weeks from 28.05.2021.

8.The Writ Petition is disposed of accordingly. No costs. Consequently, the connected miscellaneous petition is closed. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar Tsg To 1.The District Collector, Tiruvallur District Collector Office, Master Plan Complex NH-205, Tiruvallur - 602 001.

2.The Special Tahsildar, Nagara Nilavan Thittam, Madhavaram Taluk, Gandhi Main Road, Balaji Nagar, Madhavaram, Chennai 600 066.

3.The Sub Registrar, Madhavaram Sub Registrar Office, First Street, Roja Nagar, Madhavaram, Chennai - 600 060.

4.The Revenue Divisional Officer, Chennai Central, Chennai.

+1 cc to Mr.M.Anandan, Advocate Sr.No. 16787 +1 cc to The Government Pleader Sr.No. 16379 W.P.No.6390 of 2021 PL(CO) RMP(31/03/2021)