Madras High CourtWP/6383/2020disposed of

E.Thirumalai v. The District Collector

2020-03-17Honourable Mr Justice N. Anand Venkatesh3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.03.2020

CORAM

THE HONOURABLE Mr.JUSTICE N.ANAND VENKATESH W.P.No.6383 of 2020 E.Thirumalai

...Petitioner

Vs.

1.The District Collector, Thiruvannamalai District, Thiruvannamalai.

2.The District Revenue Officer, Thiruvannamalai District.

3.The Revenue Divisional Officer, Cheyyar Region, Thiruvannamalai District.

4.The Tahsildar, Chetpet Taluk, Thiruvannamalai.

5.The Revenue Inspector, Periya Kozheppalur Village, Chetpet Taluk, Thiruvannamalai.

6.The Village Administrative Officer, Vinayagapuram Village, Chetpet Taluk, Thiruvannamalai.

7.P.Anandan 8.P.Annamalai

...Respondents

PRAYER : Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus directing the third respondent herein to consider the petitioner's representation dated 21.01.2020 and consequently to cancel the patta stands in the name of 7th and 8 th respondents in survey No. 56 an extent of 0.39 cents at Nariambadi Village, Chepet Taluk, Thiruvannamalai District.

For Petitioner :

Mr. N.Elumalai For Respondents 1-6 :

Mr. S.N.Parthasarathi Government Advocate

O R D E R

This Writ Petition has been filed for the issuance of Writ of Mandamus directing the respondents to consider the representation made by the petitioner wherein the petitioners seeking for cancellation of patta standing in the name of seventh and eighth respondents.

2. The case of the petitioner is that the subject property stood in the name of his great grand father and the petitioner is claiming right over the property as descendant. The further case of the petitioner is that while granting patta in the Updating Registry Scheme (UDR), the fourth respondent has issued the patta in favour of the seventh and eighth respondents. Aggrieved by the same, the petitioner has given representation seeking for cancellation of patta.

3. According to the petitioner, the Village Administrative Officer has already examined the parties and thereafter, there was absolutely no progress. Left with no other option, the present Writ Petition has been filed before this Court seeking appropriate directions.

4. Heard Mr. N.Elumalai, learned counsel appearing on behalf of the petitioner and Mr.S.N.Parthasarathi, learned Government Advocate appearing on behalf of the first to sixth respondents.

5. Taking into consideration the facts and circumstances of the case and the limited relief that has been sought for in this Writ Petition, there shall be a direction to the second respondent namely the District Revenue Officer, Thiruvannamalai, to consider the representation made by the petitioner on 09.10.2017 after calling for report from the Village Administrative Officer, Chetpet Taluk, and after affording opportunity to the seventh and eighth respondents, he shall pass orders, in accordance with law, within a period of eight weeks from the date of receipt of copy of this order. The petitioner is directed to make a fresh representation to the second respondent along with a copy of the representation dated 09.10.2017 and a copy of this order.

6. This Writ Petition is disposed of with the above directions. No costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar bkn To 1.The District Collector, Thiruvannamalai District, Thiruvannamalai.

2.The District Revenue Officer, Thiruvannamalai District.

3.The Revenue Divisional Officer, Cheyyar Region, Thiruvannamalai District.

4.The Tahsildar, Chetpet Taluk, Thiruvannamalai.

5.The Revenue Inspector, Periya Kozheppalur Village, Chetpet Taluk, Thiruvannamalai.

6.The Village Administrative Officer, Vinayagapuram Village, Chetpet Taluk, Thiruvannamalai +1cc to Mr.N.Elumalai, Advocate, S.R.No.23400 +1cc to the Government Pleader, S.R.No.24126 W.P. No. 6383 of 2020 NMI(CO) RN(26/06/2020)