Emmanuel Full Gospel Mission Trust v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.04.2023

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM 1.Emmanuel Full Gospel Mission Trust, Rep. By its Chairperson / Trustee S.P. Tuhin Samuel, Agnes Wallen Compound, Door No.8 D, Kumarasamy Street, Rasipuram Town & Taluk, Namakkal District - 637 408.

...Petitioner

Vs.

1.The District Collector, Collectorate, Namakkal, 2.The Revenue Divisional Officer, Namakkal, Namakkal District.

3.The Tahsildar, Rasipuram Taluk and Town, 4.The Village Administrative Officer, Rasipuram Taluk and Town, 5.Jacklin. P 1/5

6.Suresh Kanna ..Respondents Prayer : Writ Petition filed Under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 2nd respondent to dispose the petitioner's application dated 07.01.2021 within the time fixed by this Hon'ble Court.

For Petitioner : Mr.Francis Xavier For R1 to R4 : Mr.Abishek Murthy Government Advocate

ORDER

The relief sought for in the present writ petition is for a direction to direct the 2nd respondent to dispose of the application submitted by the petitioner on 07.01.2021.

2. Admittedly, the patta has been issued by the Tahsildar and the petitioner filed an application before the Revenue Divisional Officer to cancel the patta. In such circumstances, the Revenue Divisional Officer has to call for the records from the Tahsildar along with the report and decide the issues by following the procedures as contemplated and by affording opportunity to all the parties. Thus, the application submitted by the 2/5

petitioner to cancel the patta must contain all relevant factors along with the relevant documents. The petitioner in this regard is at liberty to submit all the relevant documents and in the event of receiving any such documents along with the application, the Revenue Divisional Officer concerned shall register the appeal, conduct an enquiry by affording opportunity to all the parties and pass appropriate orders on merits and in accordance with law as expeditiously as possible.

3. Accordingly, the writ petition stands disposed of. No costs. 28.04.2023 Index : Yes Speaking order kak To 1.The District Collector, Collectorate, Namakkal, 2.The Revenue Divisional Officer, Namakkal, Namakkal District.

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3.The Tahsildar, Rasipuram Taluk and Town, 4.The Village Administrative Officer, Rasipuram Taluk and Town, 4/5

S.M.SUBRAMANIAM, J.

kak 28.04.2023 5/5