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Madras High CourtWP/10790/2020disposed of

R.Chandra, v. The District Collector,

2020-09-25Honourable Mr Justice N. Anand Venkatesh3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :25.09.2020

CORAM

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH WP No.10790 of 2020 and WMP Nos.13103 of 2020 and 13105 of 2020

1. R.Chandra

2. Vijaya ..Petitioners Vs.

1. The District Collector, Thiruvellore.

2. The District Revenue Officer,

3. The Revenue Divisional Officer,

4. The Thasildhar Avadi

5. D.Murugan ..Respondents Prayer:- Writ petitions filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus to call for the records on the file of the third respondent dated 14.05.2020 in Na.Ka.No.2442/2019/A5 and quash the same.

For Petitioner : M/s.Thenmozhi Shiva Perumal For Respondents 1 & 4 : Mr.Arul Doss Government Advocate

ORDER

This writ petition has been filed challenging the order passed by the 3rd respondent dated 14.05.2020. 2.

The case of the petitioners is that they are the owners of the subject property and a patta was also granted in their name by the Tahsildhar. Based on the appeal filed by the 5th

respondent before the 3rd respondent, the 3rd respondent passed an order on 14.05.2020 canceling the patta issued in favour of the petitioners. Aggrieved by the same, the present writ petition has been filed before this Court.

3.

The learned Government appearing on behalf of the respondents 1 to 4 submitted that based on the representation given by the petitioners before the 2nd respondent, the 2nd respondent has fixed the date of enquiry on 15.10.2020 at 2.00 p.m. The learned counsel further submitted that the petitioners can be present at the time of enquiry with all the relevant documents.

4.

The learned counsel for the petitioner submitted that the petitioners will attend the enquiry before the 2nd respondent and till the final orders are passed by the 2nd respondent, no changes must be effected in the revenue records since it will adversely affect the rights of the petitioners. 5.

Taking into consideration the facts and circumstances of the case and also of the fact that the 2nd respondent has already called the parties for an enquiry, there shall be a direction to the 2nd respondent to conduct the enquiry by affording sufficient opportunity to the petitioners and the 5th respondent and pass orders strictly in accordance with law within a period of eight weeks from the date of receipt of copy of this order. Until the final orders are passed by the 2nd respondent, the present status quo in the revenue records shall be maintained.

6.

This writ petition is disposed of with the above directions. No costs. Consequently, the connected miscellaneous petitions are closed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To

1. The District Collector, Thiruvellore.

2. The District Revenue Officer,

3. The Revenue Divisional Officer,

4. The Thasildhar Avadi +1cc to M/s.Thenmozhi Shivaperumal, Advocate in SR.NO..31782 +2cc to the Government Pleader in SR.NO..31928 and 31714 WP No.10790 of 2020 VD(CO) RV(04/11/2020)