Madras High CourtWP/7091/2021disposed of

P.Makesh v. The District Collector

2021-03-18Honourable Mr Justice N. Seshasayee3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.03.2021

CORAM:

THE HONOURABLE MR.JUSTICE N.SESHASAYEE WP.No.7091 of 2021 & WMP Nos.7610 & 7613 of 2021 1.P.Makesh 2.A.Sangeetha

...Petitioners

(both rep. by their authorized power of Attorney agent E.Chakravarthy) -Vs1.The District Collector, Ariyalur District, Office of the District Collector of Ariyalur, Ariyalur-621 704.

2.The Revenue Divisional Officer, Udaiyarpalaiyam Taluk, Ariyalur District-621 804 3.The Tahsildar of Udayarpalayam, Office of the Tahsildar of Udayarpalayam, Udayarpalayam Taluk, Jayamkondacholapuram, Ariyalur District-621 804 4.The Sub-Registrar, Tha.Pazhur, Ariyalur District-612 904 5.G.Parthasarathy 6.G.Balaraman

...Respondents

Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the third respondent to pass appropriate orders after due oral and documentary enquiries on the representation of the petitioner dated 01.03.2021 submitted by the petitioner to cancel the wrongful patta issued in the name of G.Balaraman by sub-dividing new survey field numbers 211/17 and 211/18, as 211/18B and 211/18C, Old Survey no.128/1C in Udayanatham Village, Udayarpalayam Taluk, Ariyalur District.

For Petitioner : Mr.D.Aravinth Kumar For R1 to R4 : Mr.G.Rajesh, Government Advocate

ORDER

This Writ Petition is filed for a writ of Mandamus, directing the third respondent to pass appropriate orders after due oral and documentary enquiries on the representation of the petitioner dated 01.03.2021 and to cancel the wrongful patta issued in the name of G.Balaraman by sub-dividing new survey field nos.211/17 and 211/18, as 211/18B and 211/18C, Old S.No.128/1C in Udayanatham Village, Udayarpalayam Taluk, Ariyalur District.

2.Even though the petitioner has sought a prayer against the third respondent, Mr.G.Rajesh, learned Government Advocate submits that the competent authority to decide the issue is the second respondent. He further added on instructions, that the second respondent would hold an enquiry on 13.05.2021 at 11.00 a.m at the office of the second respondent.

3.The said statement of the learned Government Advocate is recorded.

4.In view of the above, no further direction is required to be given except that the second respondent is directed to issue notice to all the parties who are likely to be affected by his decision, provide them a fair and effective hearing and to dispose of the petitioner's representation dated 01.03.2021 through a speaking order within a period of twelve (12) weeks (after the conclusion of the General Elections of the Tamilnadu State Legislative Assembly-2021) from 13.05.2021. 5.The Writ Petition is disposed of accordingly. No costs. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar dn

To 1.The District Collector, Ariyalur District, Office of the District Collector of Ariyalur, Ariyalur-621 704.