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Madras High CourtWP/5559/2024disposed of

K.Mani v. The District Collector

2024-03-06Honourable Mr Justice P. Velmurugan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.03.2024

CORAM

THE HON'BLE MR. JUSTICE P.VELMURUGAN W.P.No.5559 of 2024 K.Mani ... Petitioner Vs.

1. The District Collector, Tiruvannamalai District, Tiruvannamalai.

2. The District Revenue Officer, Tiruvannamalai District, Tiruvannamalai.

3. The Revenue Divisional Officer, Cheyyar, Tiruvannamalai.

4. The Tahsildar, Cheyyar, Tiruvannamalai.

5. Jayalakshmi

6. Santhi ... Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the third and fourth respondents to cancel the wrong patta and issue patta in the petitioner's name in Old S.No.345/9, New.S.No.528/25 and total extent of 14 cents, and S.No.331/A extent 1300 sq.ft situated at Kannanur Madura, Pazhampettai Village, Chetpet Taluk, Tiruvannamalai District by considering the representation dated 09.10.2023. For Petitioner : Mr.R.Chandrasekaran For R1 to R4 : Mr.A.Selvendran Special Government Pleader

O R D E R

This Writ Petition has been filed to issue a Writ of Mandamus, to direct the third and fourth respondents to cancel the wrong patta and to issue a patta in the petitioner's name in Old S.No.345/9, New.S.No.528/25, total extent of 14 cents, and in S.No.331/A, an extent 1300 sq.ft situated at Kannanur Madura, Pazhampettai Village, Chetpet Taluk, Tiruvannamalai District by considering the petitioner's representation dated 09.10.2023.

2. Heard the learned counsel for the petitioner and the learned Special Government Pleader appearing for the official respondents and perused the materials available on record.

3. Since there is no adverse order passed against the private respondents, notice to the private respondents/R5 and R6 is dispensed with.

4. Learned counsel for the petitioner submitted that based on the petitioner's representation dated 16.08.2023, the first respondent has given direction to the fourth respondent to take action and to file a final report on 05.09.2023. Despite the same, the respondents have not passed any order.

5. Having regard to the submissions made by the learned counsel on either side and taking into consideration the limited prayer sought for by the petitioner, without expressing any opinion with regard to the merits of the case, this Court directs the third and fourth

respondents to consider the petitioner's representation dated 09.10.2023 and to issue notice to the petitioner, private respondent herein/R5 and R6, rival claimants/interested parties/objectors as the case may be. After issuing notice to all the parties, conduct enquiry in the manner known to law and pass orders in accordance with law. The abovesaid exercise shall be completed within a period of eight weeks from the date of receipt of a copy of this order.

6. With the abovesaid direction, the Writ Petition is disposed of. There shall be no order as to costs.

06.03.2024 mfa Index:Yes/No Speaking Order: Yes/No

To

1. The District Collector, Tiruvannamalai District, Tiruvannamalai.

2. The District Revenue Officer, Tiruvannamalai District, Tiruvannamalai.

3. The Revenue Divisional Officer, Cheyyar, Tiruvannamalai.

4. The Tahsildar, Cheyyar, Tiruvannamalai.

P.VELMURUGAN, J.

mfa W.P.No.5559 of 2024 06.03.2024