Tulasi v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.09.2020 CORAM :

The HON'BLE MR.JUSTICE M.DURAISWAMY W.P.No.29609 of 2013 and M.P.No.1 of 2013 Tulasi ... Petitioner Vs.

1.The District Collector, Villupuram District, Villupuram.

2.The District Revenue Officer, Villupuram District, Villupuram.

3.The Tahsildar, Tindivanam, Villupuram District.

4.The Revenue Divisional Officer, Jakkampet, Tindivanam, Villupuram District.

5.Seethapathy 6.Selvi ... Respondents Petition filed under Article 226 of the Constitution of India for issuing a writ of mandamus directing the 3rd respondent/Tahsildar to conduct an enquiry on the complaint of the petitioner dated 14.02.2013 with regard to the change of patta in favour of the respondents 5 & 6 and pass appropriate orders in accordance with law.

For Petitioner : Mr.P.Rathanavel For Respondents: Ms.A.Madhumathi, Special Government Pleader (R1 to R4) Mr.S.Janarthanam (R5 & R6)

O R D E R

The petitioner has filed the above Writ Petition to issue a Writ of Mandamus directing the 3rd respondent/the Tahsildar to conduct an enquiry on the complaint dated 14.02.2013 with regard to the change of patta in favour of the respondents 5 & 6 and pass appropriate orders in accordance with law.

2.Mr.P.Rathanavel, learned counsel appearing for the petitioner submitted that the 3rd respondent - Tahsildar had erroneously issued patta in the name of the respondents 5 & 6 and that the petitioner had given a representation to the District Collector on 14.02.2013 to cancel the patta issued in favour of the respondents 5 & 6. The learned counsel for the petitioner further submitted that though the representation was given as early as on 14.02.2013 to the District Collector and the District Collector had directed the 4th respondent - Revenue Divisional Officer to conduct enquiry and pass orders, inspite of the same, the 4th respondent has not passed any order so far.

3.The learned counsel appearing for the respondents 5 & 6 submitted that the 4th respondent may decide the representation given by the petitioner, after giving notice to the respondents 5 & 6.

4.Ms.A.Madhumathi, learned Special Government Pleader appearing for the respondents 1 to 4 also submitted that the 4th respondent may be directed to consider the petitioner's representation dated 14.02.2013 and pass orders in accordance with law.

5.Having regard to the submissions made by the learned counsel on either side, taking into consideration the prayer sought for in the Writ Petition, without expressing any opinion with regard to the merits of the case, I direct the 4th respondent to consider the petitioner's representation dated 14.02.2013 and pass orders, after giving notice to all the interested parties, within a period of twelve weeks from the date of receipt of a copy of this order.

6.With these observations, the Writ Petition is disposed of. No costs. Consequently, the connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS ) //True Copy// Sub Assistant Registrar To 1.The District Collector, Villupuram District, Villupuram.

2.The District Revenue Officer, Villupuram District, Villupuram.

3.The Tahsildar, Tindivanam, Villupuram District.

4.The Revenue Divisional Officer, Jakkampet, Tindivanam, Villupuram District.

+1 cc to Government Pleader,sr.32147.

Ajs(co) krd 3/11 W.P.No.29609 of 2013 and M.P.No.1 of 2013