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Madras High CourtWP/10734/2018disposed of

S.Chinnaswamy v. The State Of Tamil Nadu

2018-04-27Honourable Mr Justice T.Raja3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.04.2018

CORAM

THE HONOURABLE MR.JUSTICE T.RAJA W.P.No.10734 of 2018 S.Chinnaswamy .. Petitioner -vs1.The State of Tamil Nadu, rep. by its Secretary, Land Administration, Fort St. George, Chennai-600 009.

2.The Revenue Divisional Officer, Chidambaram, Cuddalore District-608 001.

3.The Tahsildar, Kattumannarkoil, Cuddalore District.

4.The Tahsildar, Srimushnam, Cuddalore District.

5.James 6.Salath Mary .. Respondents Petition under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, directing the second respondent to cancel the patta bearing No.504, issued by the third respondent in respect of Survey No.250/27 (Old Survey No.1882D) on the basis of the petitioner's representation dated 13.02.2018.

For petitioner ::

Mr.S.Stanley John For Respondents ::

Mr.V.Jayaprakash Narayanan Special Government Pleader for R1 to R4

ORDER

The petitioner seeks a direction to the second respondent to cancel the patta bearing No.504, issued by the third respondent in respect of Survey No.250/27 (Old Survey No.1882D) on the basis of his representation dated 13.02.2018. 2.The case of the petitioner is that he is the owner of the vacant plot bearing No.27 measuring to an extent of 129 sq.m. comprised in Old Survey No.188/5D, situated at Madha Koil Street, Vadakkupalayam Village, Kattumannarkoil, Cuddalore District. On verification, the petitioner came to know that the patta has been changed in the name of respondents 5 and 6. In this regard, he made a representation dated 13.02.2018 for cancellation of patta. Finding no response, he is before this Court seeking the above prayer.

3.Learned Special Government Pleader appearing for respondents 1 to 4 sought six weeks time to conduct proper enquiry and pass appropriate orders.

4.Therefore, this Court hereby directs the second respondent herein to conduct enquiry after issuing notice to respondents 5 and 6 and other rival parties if any and complete the said enquiry, on merits and in accordance with law, within a period of six weeks from the date of receipt of a copy of this order. Accordingly, this writ petition is disposed of. No costs. Sd/- Asst.Registrar (CS III ) /true copy/ Sub Asst. Registrar vga To 1.The State of Tamil Nadu, rep. by its Secretary, Land Administration, Fort St. George, Chennai-600 009.

2.The Revenue Divisional Officer, Chidambaram, Cuddalore District-608 001.

3.The Tahsildar, Kattumannarkoil, Cuddalore District.

4.The Tahsildar, Srimushnam, Cuddalore District.

+1cc to Mr.S.Stanley John, Advocate, sr.no.31560 +1cc to the Government Pleader, sr.no.32734 W.P. No.10734 of 2018 KAN(CO) RRK(24/05/18)