N.Prema v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.03.2024 Coram:

THE HONOURABLE MR. JUSTICE P.VELMURUGAN N.Prema ... Petitioner

Versus

1. The District Collector Tirupattur District -635 601

2. The Revenue Divisional Officer Tirupattur- 635 601

3. The Tahsildar Tirupattur - 635 601 ... Respondent Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the 3rd respondent to pass an order in his enquiry proceedings No.AA2/5125/2023 dated 12.12.2023 based on the petitioner's representation dated 04.09.2013 and to issue of fresh Patta No.222 by including survey number 43/3A2 in the names of original owners.

For Petitioner : Mr.V.Raghupathi For Respondents : Mr.T.Arun Kumar Additional Government Pleader 1/5

ORDER

This Writ Petition is filed seeking to issue a Writ of Mandamus directing the 3rd respondent to pass orders in his enquiry proceedings No.AA2/5125/2023 dated 12.12.2023 based on the petitioner's representation dated 04.09.2013 and to issue of fresh Patta No.222 by including survey number 43/3A2 in the names of original owners.

2. According to the petitioner, already the 3 rd respondent sent summons to the petitioner on 12.12.2023 directing the petitioner to appear before them for enquiry on 27.12.2023 and accordingly, the petitioner appeared before him and gave her statement. However, still no orders have been passed.

3. Mr.T.Arun Kumar, learned Additional Government Pleader takes notice for the respondents.

4. Having regard to the submissions made by the learned counsel on either side and since this Writ Petition is filed seeking a simple writ of 2/5

mandamus to consider the representation, this Court without expressing any opinion with regard to the merits of the case, directs the 3 rd respondent to issue a fresh notice to the the petitioner, interested parties/rival claimants/objectors/aggrieved parties if any, as the case may be, and after giving opportunity of hearing to all the parties, conduct enquiry in the manner known to law if already not completed the enquiry based on the summon dated 12.12.2023, and pass orders on merits and in accordance with law if already not passed, within a period of three months from the date of receipt of a copy of this order.

5. With the above directions, this Writ Petition is disposed of at the admission stage itself. There shall be no order as to costs. 19.03.2024 Index : Yes / No Speaking Order : Yes / No Neutral Case Citation : Yes/No Ksa-2 3/5

To

1. The District Collector Tirupattur District -635 601

2. The Revenue Divisional Officer Tirupattur- 635 601

3. The Tahsildar Tirupattur - 635 601 4/5

P.VELMURUGAN. J.

Ksa-2 W.P. No.7092 of 2024 19.03.2024 5/5