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Madras High CourtWP/7533/2022disposed of

The Infant Jesus Church v. The District Collector

2022-03-31Honourable Mr Justice M.Dhandapani3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 31.03.2022

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P. No.7533 of 2022 The Infant Jesus Church, Samuthiram Village, Nallavanpalayam Post, Thiruvannamalai District - 606603 Represented by its Authorised Signatory, Mr.MariyaJones ... Petitioner Vs.

1. The District Collector, Collectorate, Tiruvannamalai District, Tiruvannamalai.

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

3. The Revenue Divisional Officer, The Revenue Divisional Office, Thiruvannamalai, Thiruvannamalai District.

4. The Thasildar, Taluk Office, Tiruvannamalai District, Tiruvannamalai.

5. N.Perumal ... Respondents PRAYER:Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the third respondent to conduct enquiry and cancel the forgery Patta No.8000 and Patta No.8021 and wrong sub division Survey No.106/52 in respect of the petitioner's land of an extent of 79.07 cents comprised in Survey No.106/3, 106/4 situated at Samuthiram Village, Nallavanpalayam Post, Thiruvannamalai District-606603 based on the petitioner's representation dated 06.09.2021.

For Petitioner : Mr.P.Britto For Respondents R1 to R4 : Mr.M.Murali Government Advocate

O R D E R

This Writ Petition has been filed to issue a Writ of Mandamus, directing the third respondent to conduct enquiry and cancel the forgery Patta No.8000 and Patta No.8021 and wrong sub division Survey No.106/52 in respect of the petitioner's land of an extent of 79.07 cents comprised in Survey No.106/3, 106/4 situated at Samuthiram Village, Nallavanpalayam Post, Thiruvannamalai District-606603 based on the petitioner's representation dated 06.09.2021.

2.

Mr.M.Murali, learned Government Advocate takes notice for the respondents 1 to 4. In view of the limited relief sought for in this petition, on the consent expressed by the Learned counsel appearing for either side, taken up for final disposal. No adverse order is passed against the fifth respondent and hence, his presence is dispensed with.

3.

The case of the petitioner is that the petitioner is owner of the property to an extent of 79.07 cents comprised in Survey No.106/3, 106/4 in Patta No.458, situated at Samuthiram Village, Nallavanpalayam Post, Thiruvannamalai District. However, the fifth respondent herein with his influence, obtained forgery patta in Patta No.8021, based on the wrong sub division in S.No.106/52. To cancel this patta, the petitioner made a representation to the respondents on 06.09.2021. However, till date no order has been passed on the same. Hence, this present petition is filed.

4.

The learned counsel for the petitioner submitted that this Court may issue a direction to the respondents to consider the representation of the petitioner dated 06.09.2021 and may pass appropriate orders within the stipulated time as fixed by this Court.

5.

The learned Government Advocate appearing for the respondents 1 to 4, would submit that the representation made by the petitioner will be considered and appropriate orders will be passed on merits within the time frame to be fixed by this court. 6.

In view of the aforesaid submissions, this Court without expressing any opinion on the merits of the case, directs the fourth respondent to consider the representation of the petitioner dated 06.09.2021 and after giving an opportunity of hearing to the petitioner and the fifth respondent, pass

orders orders on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order.

7.

With the above directions, this writ petition stands disposed of. No costs.

Sd/- Assistant Registrar(CS-II) //True copy// Sub Assistant Registrar mn To

1. The District Collector, Collectorate, Tiruvannamalai District, Tiruvannamalai.

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

3. The Revenue Divisional Officer, The Revenue Divisional Office, Thiruvannamalai, Thiruvannamalai District.

4. The Thasildar, Taluk Office, Tiruvannamalai District, Tiruvannamalai.

+2ccs to Mr.P.Britto, Advocate SR.No.21516 +1cc to Government Pleader SR.No.22684 W.P. No.7533 of 2022 GPL(CO) GMY(11/04/2022)