Mrs.K.Indumathy v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.03.2024

CORAM

THE HONOURABLE MR.JUSTICE P.VELMURUGAN W.P.No. 5901 of 2024 K.Indumathy ... Petitioner versus 1.The District Collector, Collectorate, Thaiyarkullam, Kancheepuram District - 631 501.

2.The District Revenue Officer, Kundrathur Taluk, Kundrathur, Kanchipuram District - 600 069.

3.The Tahsildar, Kundrathur Taluk, Kanchipuram District - 600 060.

4.Ambrose William

...Respondents

Writ Petition filed under Article 226 of Constitution of India, praying to issue a Writ of Mandamus, directing the third respondent herein to cancel the Patta issued to the fourth respondent vide Patta No.1582 and issue Patta Pg.Nos.1/5

to the petitioner in view of the petitioner's representation dated 28.09.2020 and 24.01.2024.

For Petitioner :

Mr.J.Ashok For Respondents :

Mr.T.Arunkumar Additional Government Pleader for R1 to R3

O R D E R

Mr.T.Arunkumar, learned Additional Government Pleader accepts notice for respondents 1 to 3. Since this writ petition is being disposed of without passing any adverse orders against the fourth respondent, affecting her interest, notice to the fourth respondents is dispensed with.

2. The petitioner has given a representation to the third respondent/Tahsildar on 28.09.2020, seeking to cancel the Patta issued in the name of the fourth respondent herein vide Patta No.1582 and to issue Patta in favour of the petitioner. While so, the third respondent had issued summons to the petitioner for enquiry and the petitioner has also participated in the enquiry, but no final order has been passed. Despite repeated requests and reminders, the third respondent has not cancelled the Patta in the name of the fourth respondent herein, the petitioner is Pg.Nos.2/5

constrained to file the present writ petition.

3. Heard both sides and perused the materials available on record.

4. Since this writ petition is filed for Mandamus simpliciter, to direct the third respondent to consider the representations of the petitioner, this Court, without expressing any view or opinion with regard to the merits of the case, directs the third respondent to consider the representations of the petitioner dated 28.09.2020 and 24.01.2024 after issuing a notice to the petitioner and the fourth respondent herein as well as rival claimants/interested parties/objectors/aggrieved parties/ adjacent owners of the four boundaries of the subject land if any, as the case may be, conduct enquiry into the matter and pass appropriate orders on merits and in accordance with law. Such exercise shall be completed within a period of three months from the date of receipt of a copy of this order.

5. With the above directions, the writ petition stands disposed of. There shall be no order as to costs.

Pg.Nos.3/5

07.03.2024 Index: Yes/No Speaking Order : Yes/No ms To 1.The District Collector, Collectorate, Thaiyarkullam, Kancheepuram District - 631 501.

2.The District Revenue Officer, Kundrathur Taluk, Kundrathur, Kanchipuram District - 600 069.

3.The Tahsildar, Kundrathur Taluk, Kanchipuram District - 600 060.

Pg.Nos.4/5

P.VELMURUGAN, J.

ms 07.03.2024 Pg.Nos.5/5