R.Maheswari v. The District Collector,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.03.2020

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH W.P.No.6799 of 2020 R. Maheswari ... Petitioner Vs.

1.The District Collector, Office of the District Collector, Chennai District, Chennai.

2.The Revenue Divisional Officer, Revenue Divisional Office, Ambathur, Chennai.

3.The Tahsildar, Ambathur, Chennai District.

... Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India, praying for the issuance of writ of mandamus, directing the third respondent to pass an order in the enquiry conducted by the third respondent in Enquiry No.Na.Ka.1137/2019/C1 dated 21.08.2019, 27.11.2019 and 27.01.2020.

For Petitioner : Mr. Greetha Senthilkumam For Respondents : Mr. E. Balamurugan Special Government Pleader

O R D E R

This writ petition has been filed for the issue of a writ of mandamus directing the respondents to conduct an enquiry based on the representation given by the petitioner who is seeking for cancellation of patta.

2.

The learned Special Government Pleader appearing on behalf of the respondents submitted that the application can be considered only by the second respondent since he is the authority who is vested with such a power.

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3.

Taking into consideration the facts and circumstances of the case and the limited relief that has been sought for in this writ petition, there shall be a direction to the third respondent to proceed further with the enquiry by issuing notice to the petitioner and the interested party whose patta is sought to be cancelled and the report shall be submitted before the second respondent. The second respondent on receipt of the report from the third respondent, shall proceed further to pass orders strictly in accordance with law. This process shall be completed, within a period of 12 weeks from the date of receipt of copy of this order. The petitioner is directed to make fresh representation to the second respondent along with a copy of this order. A copy of the representation shall also be marked to the third respondent.

4.

This writ petition is disposed of with the above direction. No costs.

Sd/-- Asst.Registrar (CS-II-MDU) /true copy/ Sub Asst. Registrar AT To 1.The District Collector, Office of the District Collector, Chennai District, Chennai.

2.The Revenue Divisional Officer, Revenue Divisional Office, Ambathur, Chennai.

3.The Tahsildar, Ambathur, Chennai District.

+ 1 CC to Mrs.Greetha Senthilkumar, Advocate, SR 24556 +1 CC tothe Government Pleader, High Court, Madras, SR 24479 W.P.No.6799 of 2020 EV - CO MRP - 6 copies https://hcservices.ecourts.gov.in/hcservices/