Paulraj v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 11.06.2024
CORAM
THE HONOURABLE MR. JUSTICE N. SATHISH KUMAR W.P.No.14925 of 2024 Paulraj .. Petitioner
Versus
1. The District Collector, Perambalur, Perambalur District.
2. The Revenue Divisional officer, Perambalur, Perambalur District.
3. The Tahsildar, Aalathur Taluk, Perambalur District.
4. Gunasekaran .. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the second respondent to pass final order on the enquiry in pursuance of the Notice dated 09.11.2022 in Na.Ka. No.A2/ 7138/ 2022 issued by the 2nd respondent on the representation of the petitioner dated 01.11.2022 to cancel the patta No.1706 and to issue joint Patta in the names of the legal heirs of Petitioners mother Periyammal in respect of the lands measuring an extent of 1 hec 21 ares comprised in Resurvey No.55/4 situate in Aadhanur (South) Village Aalathur Taluk Perambalur District within a stipulated time. 1/5
For Petitioner : Mr.C.Prabakaran For Respondents : Mr.P.Sathish Additional Government Pleader - R1 to R2
ORDER
With the consent of both sides, this Writ Petition is taken up for final disposal at the admission stage itself.
2. This writ petition is filed to direct the second respondent to pass final order on the enquiry in pursuance of the Notice dated 09.11.2022 in Na.Ka. No.A2/ 7138/ 2022 issued by the second respondent on the representation of the petitioner dated 01.11.2022 to cancel the patta No.1706 and to issue joint Patta in the names of the legal heirs of Petitioners mother Periyammal in respect of the lands measuring an extent of 1 hec 21 ares comprised in Resurvey No.55/4 situate in Aadhanur (South) Village, Aalathur Taluk, Perambalur District within a stipulated time.
3. Heard learned counsel for the petitioner and the learned Additional Government Pleader appearing for the respondents 1 to 3 and perused the materials available on record.
4. The case of the petitioner is that the subject property has been 2/5
assigned to the mother of the petitioner and after the death of his mother, the property devolved on the legal heirs of his mother. While so the fourth respondent had obtained patta in his favour by playing fraud. In this regard the petitioner made a detailed representation to the second respondent and the second respondent has in turn sent a communication to the third respondent to conduct enquiry. But, so far no action has been taken by the respondents 1 to
3. Hence, the present Writ Petition.
5. The learned Additional Government Pleader appearing for the respondents 1 to 3 submitted that they will conduct enquiry after giving notice to all the parties concerned, including the fourth respondent and pass Orders on merits.
6. Considering the submissions of the learned Additional Government Pleader, the second respondent is directed to conduct enquiry on the representation of the petitioner dated 01.11.2022, after giving opportunity to all the parties concerned, including the fourth respondent, and pass Orders on merits, within a period of two months from the date of receipt of a copy of this order.
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7. With the above direction, this writ petition is disposed of. No costs. 11.06.2024 vrc Index :Yes/No Internet :Yes/No : Yes/No To,
1. The District Collector, Perambalur, Perambalur District.
2. The Revenue Divisional officer, Perambalur, Perambalur District.
3. The Tahsildar, Aalathur Taluk, Perambalur District.
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N. SATHISH KUMAR , J.
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