Madras High CourtWP/5968/2024disposed of

Murugan Chinnan v. The District Collector Tiruppur District

2024-03-07Honourable Mr Justice P. Velmurugan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.03.2024

CORAM

THE HON'BLE MR. JUSTICE P.VELMURUGAN and W.M.P.No.6627 of 2024 Murugan Chinnan ... Petitioner Vs.

1 The District Collector,Tiruppur District, Tiruppur District, Tiruppur.

2 The Revenue District Officer, Avinashi, Tirupur Collectrate, Tirrupur.

3 The Thasildhar, Avinashi Taluk, Avinashi Taluk, Avinashi, Tirrupur.

4 Raman 5 Rangal 6 Bannari 7 Murugan 8 Palani

9 Vaiyapuri 10 Rangan 11 Palani 12 Annamalai 13 Palani 14 Suppan A.K.A Subramani 15 Kittan 16 Murugan 17 Periya Karuppan 18 Chinna karuppan 19 Karunai 20 Muthal 21 Mahalingam ...

Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 2nd respondent to conduct an enquiry regarding transfer of patta on the legal heirs of the original allottee in proceedings number R.dis. D.R. 175/ 1377 on the file of the 3rd respondent for the property having Survey No. 518/3 and

consequently to cancel the forged patta for the above said property in Patta No. 751 dated 25.02.2007 issued by the 3rd respondent. For Petitioner : Mr.K.Shahul Hameed For R1 to R3 : Mr.T.Arun Kumar Additional Government Pleader

O R D E R

This Writ Petition has been filed to issue a Writ of Mandamus, to direct the second respondent to conduct an enquiry regarding transfer of patta on the legal heirs of the original allottee in proceedings number R.dis. D.R. 175/ 1377 on the file of the third respondent for the property having Survey No. 518/3 and consequently to cancel the forged patta for the above said property in Patta No. 751 dated 25.02.2007 issued by the third respondent.

2. Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing for the official respondents and perused the materials available on record.

3. Since no adverse order is passed against the private respondents, notice to the private respondents/R4 to R21 is dispensed with.

4. Having regard to the submissions made by the learned counsel on either side and taking into consideration the limited prayer sought for by the petitioner, without expressing any opinion with regard to the merits of the case, this Court directs the official respondents 1 to 3 as the case may be, to consider the petitioner's representation dated 08.11.2011 after issuing notice and giving opportunity of hearing to the petitioner, private respondents herein, adjacent land owners of the four boundaries of the subject property, interested parties/rival claimants/objectors if any, as the case may be and conduct enquiry in the manner known to law and pass appropriate orders on merits and in accordance with law, if already not passed the final order. The said exercise shall be completed within a period of three months from the date of receipt of a copy of this order.

5. With the abovesaid direction, the Writ Petition is disposed of. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.

07.03.2024 mfa Index:Yes/No Speaking Order: Yes/No To 1 The District Collector,Tiruppur District, Tiruppur District, Tiruppur.

2 The Revenue District Officer, Avinashi, Tirupur Collectrate, Tirrupur.

3 The Thasildhar, Avinashi Taluk \, Avinashi Taluk, Avinashi, Tirrupur.

P.VELMURUGAN, J.

mfa and W.M.P.No.6627 of 2024 07.03.2024