K.Balasubramaniam v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.06.2025

CORAM

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ and W.M.P.No.19462 of 2025 K.Balasubramaniam ... Petitioner Vs.

1. The District Collector, District Collectors Office, Coimbatore District.

2. The Sub Collector, Sub Collector Office, Pollachi.

3. Eganantham

4. Yoganantham

5. Giri ... Respondents

PRAYER : Petition filed under Article 226 of the Constitution of India praying for issuance of writ of mandamus, to direct the second respondent to conduct enquiry and dispose the appeal of the petitioner dated 28.12.2024 pending on the file of the second respondent herein in accordance with law and on merits within a time frame as fixed by this Court. For Petitioner :

Mr.S.Prabhu For Respondents :

Mr.P.Sathish Addl. Govt. Pleader for R1 & R2

O R D E R

This writ petition has been filed seeking issuance of a writ of mandamus directing the second respondent to conduct enquiry and dispose of the appeal made by the petitioner on 28.12.2024 wherein the petitioner has sought for the cancellation of the name of the respondents 3 to 5 from the joint patta issued in Patta No.1095.

2. By consent of learned counsel on both sides, this writ petition is taken up for final disposal at the admission stage itself. Since no adverse order is going to be passed, notice to respondents 3 to 5 is dispensed with.

3. The specific case of the petitioner is that a wrong entry has been made in the revenue records by adding the name of respondents 3 to 5. The petitioner preferred an appeal in this regard to remove the name of respondents 3 to 5 from the patta and to conduct enquiry in this regard. Since the same was not considered, the present writ petition has been filed before this Court.

4. At the outset, it is submitted by Mr.P.Sathish, learned Additional Government Pleader for official respondents that they have already initiated enquiry and hearings have also been completed and he also submits that they may be granted eight weeks time to complete the enquiry and dispose of the appeal, which was agreed to by the learned counsel for petitioner.

5. Taking into consideration the facts and circumstances of the case and the materials placed before this Court, there shall be a direction to the second respondent to deal with the appeal made by the petitioner on 28.12.2024 on its own merits and in accordance with law within a period of

eight (8) weeks from the date of receipt of a copy of this order after putting respondents 3 to 5 and other interested parties including rival claimants if any, on notice and after affording an opportunity to the petitioner, respondents 3 to 5 and any other interested parties. It is made clear that this Court has not expressed any views with regard to the merits of the case and it is open to the second respondent to consider the appeal on its own merits and in accordance with law.

6. This Writ Petition is disposed of with the above direction. However, there shall be no order as to costs. Consequently, connected miscellaneous petition is also closed.

03.06.2025 NCC: Yes / No Index : Yes / No Speaking Order : Yes / No vji

To

1. The District Collector, District Collectors Office, Coimbatore District.

2. The Sub Collector, Sub Collector Office, Pollachi.

MOHAMMED SHAFFIQ, J.

vji and W.M.P.No.19462 of 2025 03.06.2025