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Madras High CourtWP/3294/2015dismissed as infructuous

M.Narayana Rao v. The District Collector

2019-10-16Honourable Mr Justice T.Raja3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16.10.2019

CORAM

THE HONOURABLE MR.JUSTICE T.RAJA W.P.No.3294 of 2015 M.Narayana Rao ..

Petitioner -vs1. The District Collector Cuddalore District Cuddalore

2. The Revenue Divisional Officer Cuddalore District Cuddalore

3. The Tahsildar Panruti Taluk Cuddalore District

4. Mr.Perumal Gounder S/o Muniya Gounder

5. Smt.Jayalakshmi Ammal W/o Perumal Gounder ..

Respondents Petition under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the respondents 1 to 3 to conduct an elaborate enquiry in respect of issuance of erroneous Patta to and in favour of a non-family members viz., Muniya Gounder, transferred to Perumal Gounder and to Jayalakshmi Ammal for family Temple/Charity property situated at Panruti Town, Panruti Taluk, Cuddalore District (a) Ward No.A, Block No.55, Old S.No.809 & 810, New S.No.77, Re-Survey No.33-Extent 1 Acre 62 Cents or 06150 sq.mtr., including Sri Arulmigu Anjaneya Temple & Tank situate, (b) S.No.397, Punjai Old Survey No.89/3 with Patta in favour of Sama Rao, Extent 1 Acre, 03 Cents or 4200 sq.mtr., and Old Survey No.35, Re-Survey No.76-Extent 00750 sq.mtrs on the basis of petitioner's representation dated 29.12.2014 and legal notice dated 23.01.2015 and consequentially direct the respondents to issue patta in the name of family Temple/Charity.

For Petitioner ::

Mr.R.Thanjan For Respondents ::

Mr.V.Shanmughasundar Special Government Pleader for R1 to 3 Mr.K.Moorthy for R4 & 5

ORDER

This writ petition has been filed for issuance of a mandamus directing the District Collector, Cuddalore, the Revenue Divisional Officer, Cuddalore and the Tahsildar, Panruti Taluk, the respondents 1 to 3 herein to conduct an elaborate enquiry in respect of issuance of erroneous Patta to and in favour of non-family members viz., Muniya Gounder, transferred to Perumal Gounder and to Jayalakshmi Ammal for family Temple/Charity property situated at Panruti Town, Panruti Taluk, Cuddalore District (a) Ward No.A, Block No.55, Old S.No.809 & 810, New S.No.77, Re-Survey No.33-Extent 1 Acre 62 Cents or 06150 sq.mtr., including Sri Arulmigu Anjaneya Temple & Tank situate, (b) S.No.397, Punjai Old Survey No.89/3 with Patta in favour of Sama Rao, Extent 1 Acre, 03 Cents or 4200 sq.mtr., and Old Survey No.35, Re-Survey No.76-Extent 00750 sq.mtrs on the basis of petitioner's representation dated 29.12.2014 and legal notice dated 23.01.2015 and consequentially direct the respondents to issue patta in the name of family Temple/Charity.

2. When the matter was taken up, learned Special Government Pleader for the respondents 1 to 3 stated that the prayer in the writ petition has become infructuous, since the Revenue Divisional Officer, Cuddalore is already seized of the matter and directed the petitioner to appear for an enquiry to be held on 31.10.2019 at about 11.00 A.M., in his office.

3. Placing on record the communication dated 12.10.2019 sent to Mr.M.Narayana Rao, the petitioner herein calling upon him to appear at 11.00 A.M., on 31.10.2019 for conducting enquiry with regard to the issuance of erroneous patta, the writ petition is dismissed as infructuous.

Consequently, W.M.P.No.28319 of 2019 is also dismissed as unnecessary. No costs.

Sd/- Assistant Registrar(Insp cell) //True Copy// Sub Assistant Registrar

ss To

1. The District Collector Cuddalore District Cuddalore

2. The Revenue Divisional Officer Cuddalore District Cuddalore

3. The Tahsildar Panruti Taluk Cuddalore District +1cc to Mr.R.Thanjan, Advocate SR.86680 +1cc to Mr.K.Moorthy , Advocate SR.86421 W.P.No.3294 of 2015 RK(CO) CB(26/11/2019)