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Madras High CourtWP/6626/2025disposed of

S.Sekar v. The District Collector

2025-02-27Honourable Mr Justice N. Anand Venkatesh6 pages

1/6

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27-02-2025

CORAM

THE HONOURABLE MR JUSTICE N. ANAND VENKATESH

1. S.Sekar S/o.Sadayan, Mettu Street-iii, Chinnasalem Taluk, Kallakurichi District Petitioner(s) Vs

1. The District Collector O/o.The District Collector, Kallakurichi, Kallakurichi District 2.The Sub Collector O/o.The Sub Collector, Kallakurichi, 3.The Tahsildar O/o.The Tahsildar, Chinnasalem Taluk 4.T.Ramachandran S/o.Late.Thangavelu Mesthri, Mettu

2/6 Street-iii, Chinnasalem Taluk, 5.T.Chellammal D/o.Late.Thangavelu Mesthri, Mettu Street-iii, Chinnasalem Taluk, 6.T.Jayabalan S/o.Late.Thangavelu Mesthri, Mettu Street-iii, Chinnasalem Taluk, 7.T.Sekar S/o.Late.Thangavelu Mesthri, Mettu Street-iii, Chinnasalem Taluk, 8.T.Rajendran S/o.Late.Thangavelu Mesthri, Mettu Street-iii, Chinnasalem Taluk, Respondent(s) PRAYER Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the 2nd respondent to consider and dispose of petitioner representation dated 28.7.2020 after conducting due enquiry as per the proceedings dated 6.8.2020 in Oo.Mu.Aa3/4864/2020 of the 1st respondent after affording petitioner with an opportunity of hearing with in a stipulated time period

3/6 For Petitioner(s):

R.Gopinath For Respondents(s): Mr.A.Selvendran Additional Government Pleader for R1 to R3

ORDER

This writ petition has been filed for issue of writ of mandamus directing the 2 nd respondent to conduct enquiry based on the representation made by the petitioner seeking for cancellation of patta that has been issued in favour of respondents 4 to 8 with respect to the subject property. 2.Heard Mr.R.Gopinath, learned counsel appearing on behalf of the petitioner and Mr.A.Selvendran, learned Special Government Pleader appearing on behalf of respondents 1 to 3.

3.The grievance of the petitioner is that the respondents 4 to 8 had managed to obtain the patta with respect to the property which is actually a passage that is used by all the villagers and which is being used as a pathway by the petitioner to approach his agricultural lands. Hence,the petitioner made a representation to the 1 st respondent seeking for the cancellation of patta. On receipt of the same, the 1 st respondent through a communication dated 06.08.2020 directed the 2 nd respondent to conduct an enquiry. Even thereafter, there was no progress and hence, the present writ petition has been filed before this Court.

4/6 4.Taking into consideration the facts and circumstances of the case and the materials placed before this Court, there shall be a direction to the 2 nd respondent to deal with the representation made by the petitioner on 28.07.2020 which was forwarded by the 1 st respondent through communication dated 06.08.2020, after affording opportunity to respondents 4 to 8 and pass final orders on its own merits and in accordance with law, within a period of eight weeks from the date of receipt of copy of this order. 5.This writ petition is disposed of with the above directions. No Costs. 27-02-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes ssr To 1.The District Collector O/o.The District Collector, Kallakurichi, Kallakurichi District 2.The Sub Collector O/o.The Sub Collector, Kallakurichi,

5/6 3.The Tahsildar O/o.The Tahsildar, Chinnasalem Taluk

6/6 N.ANAND VENKATESH J.

ssr 27-02-2025