V.Deivanayagi v. District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.11.2021

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN W.P.No.24225 of 2021 V.Deivanayagi ... Petitioner -Vs1. The District Collector, Chennai District Collector's Office, 62, Rajaji Road, Chennai-600 001.

2. The Tahsildar, The Special Tahsildar (Natham/Natham land) Ambattur Taluk, Thiruvallur District, Tamilnadu, Pincode-600 053.

3. K.Padmanaban

4. K.Kumaresan ... Respondents Prayer :- Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the 1st respondent to cancel the patta issued in the name of the 3rd and 4th respondents by the 2nd respondent vide patta No.524 and issue patta in the petitioner's name, for which the petitioner have made a representation on 06.01.2021. For Petitioner : Mr.J.Arul Prakasam For R1 & R2 : Mr.A.Selvendran Special Government Pleader.

ORDER

This writ petition has been filed for issuance of Writ of Mandamus, directing the first respondent to consider the representation of the petitioner dated 06.01.2021 to cancel the patta issued in the name of the third and fourth respondents by the second respondent vide patta No.524 and issue patta in the name of the petitioner.

2. Heard, Mr.J.Arul Prakasam, learned counsel appearing for the petitioner and Mr.A.Selvendran, learned Special Government Pleader appearing for the respondents 1 & 2.

3. The petition has been filed for direction directing the first respondent to consider the representation dated 06.01.2021, to cancel the patta issued in favour of the third and fourth respondents herein. The first respondent is not the competent authority to cancel the patta issued in favour of the third and fourth respondents. Therefore, the petitioner is directed to file a fresh appeal before the concerned Revenue Divisional Officer, as against the patta issued in favour of the third and fourth respondents herein. On receipt of the same, the concerned Revenue Divisional Officer is directed to conduct enquiry, after issuance of notice to the petitioner and the counter parties, if any, after giving them an opportunity of hearing and pass orders on merits and in accordance with law.

4. With the above direction, the writ petition is disposed of. No costs.

Sd/- Assistant Registrar(CS-IX) // True Copy // Sub Assistant Registrar Lpp To

1. The District Collector, Chennai District Collector's Office, 62, Rajaji Road, Chennai-600 001.

2. The Tahsildar, The Special Tahsildar (Natham/Natham land) Ambattur Taluk, Thiruvallur District, Tamilnadu, Pincode-600 053.

+1cc to the Government Pleader, SR.No.59009 W.P.No.24225 of 2021 CA(CO) CB(27/12/2021)