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Madras High CourtWP/8784/2025disposed of

S.Amalraj v. The District Collector

2025-03-19Honourable Mr Justice N. Anand Venkatesh6 pages

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19-03-2025

CORAM

THE HONOURABLE MR JUSTICE N. ANAND VENKATESH

1. S.Amalraj Petitioner(s) Vs

1. The District Collector District Collector's Office, 2.The District Revenue Officer Thiruvannamalai District 3.The Tahsildar Chengam Taluk, Tiruvannamalai District 4.The Revenue Inspector Pudupalayam Circle, Chengam Taluk, Thiruvannamalai District 5.Joseph William 6.Susairaj 7.M.John Naidu

2/6 8.Jeniva 9.The Revenue Divisional Officer, Respondent(s) [9 th respondent is suo motu added as the 9 th respondent vide order dated 19.03.2025 in W.P.No.8784 of 2025] PRAYER Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, 3rd and 4th respondents to conduct and complete the enquiry within the stipulated period. For Petitioner(s):

Mr.R.Alvin Manoj Raj For Respondent(s):

Mr.A.Selvendran Special Government Pleader for R1 to R4

ORDER

The Revenue Divisional Officer, Thiruvannamalai is suo motu added as the 9 th respondent in this writ petition.

2.This writ petition has been filed for issue of writ of mandamus directing the respondents to conduct the enquiry and to pass orders within the time frame fixed by this Court.

3/6 3.Heard Mr.R.Alvin Manoj Raj, learned counsel appearing on behalf of the petitioner and Mr.A.Selvendran, learned Special Government Pleader appearing on behalf of respondents 1 to 4.

4.The case of the petitioner is that the subject property was owned by his father and his two brothers. The property was not partitioned an it was enjoyed jointly among the sharers. The grievance of the petitioner is that the patta was granted in favour of the private respondents 5 to 8. Aggrieved by the same, the petitioner made a representation before the 2 nd respondent seeking for the cancellation of patta. The same was forwarded to the 3 rd respondent. The 3 rd respondent conducted the enquiry and in spite of the same, no final orders were passed. It is under these circumstances, the present writ petition has been filed before this Court.

5.In the considered view of this Court, it is only the impleaded 9 th respondent who will have the jurisdiction to pass orders cancelling patta issued in favour of the respondents 5 to 8. Since the 3 rd respondent has already

4/6 conducted an enqiry, the 3 rd respondent shall submit the report before the impleaded 9 th respondent and thereafter, 9 th respondent shall afford opportunity to the petitioner and the private respondents and final orders shall be passed, within a period of eight weeks from the date of receipt of copy of this order. 6.This writ petition is disposed of with the above directions. No Costs. 19-03-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes ssr

5/6 To

1. The District Collector District Collector's Office, 2.The District Revenue Officer Thiruvannamalai District 3.The Tahsildar Chengam Taluk, Tiruvannamalai District 4.The Revenue Inspector Pudupalayam Circle, Chengam Taluk, Thiruvannamalai District

6/6 N.ANAND VENKATESH J.

ssr 19-03-2025