Madras High CourtWP/26749/2014disposed of

Srimathi P.Sheeba Mani v. The Collector Of Coimbatore

2017-06-14Honourable Mr Justice M.Duraiswamy3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14.06.2017

CORAM

The Honourable MR. JUSTICE M.DURAISWAMY W.P.No.26749 of 2014 and M.P.No.1 of 2014 1 Srimathi P.Sheeba Mani [ Petitioners ] 2 P.Suguna 3 Violet Preethi Vs 1 The Collector of Coimbatore Collectorate Law College Road Coimbatore.

2 The Revenue Divisional Officer Tiruppur District 3 The Tahsildar Palladam Tiruppur District.

4 The Village Administrative Officer Palladam Tiruppur District.

5 Pon Vijayan [ Respondents] Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of mandamus directing the respondents 1 to 3 for cancelling the patta No.2334 under reference No.MTR 142/97 B dated 20.03.1998 along with A register copy issued by the 3rd respondent to the 5th respondent and directing the 2nd and 3rd respondents to conduct fresh enquiry on the representation given by the petitioners on 17.02.2014.

For Petitioners : Mr.S.N.Amarnath For Respondents : Mr.A.N.Thambidurai, SGP(R1-4)

ORDER

Heard the learned counsel for the petitioners and Mr.A.N.Thambidurai, learned Special Government Pleader appearing for the respondents 1 to 4.

2. The petitioners have filed the above writ petition to issue a writ of mandamus to direct the respondents 1 to 3 to cancel the patta No.2334 under reference dated 20.03.1998 along with "A" register copy issued by the 3rd respondent to the 5th respondent and to direct the respondents 2 and 3 to conduct fresh enquiry on the representation given by them on 17.02.2014.

4. Mr.S.N.Amarnath, learned counsel appearing for the petitioners submitted that the petitioners have preferred an appeal before the 2nd respondent on 17.02.2014. However, the 2nd respondent has not conducted any enquiry and passed orders so far. Therefore, the learned counsel submitted that the 2nd respondent may be directed to dispose of the appeal dated 17.02.2014 preferred by the petitioners seeking for cancellation of patta, after conducting proper enquiry.

5. Mr.A.N.Thambidurai, learned Special Government Pleader, appearing for the respondents 1 to 4 submitted that the 2nd respondent may be directed to dispose of the petitioners' appeal dated 17.02.2014, after conducting enquriy, in accordance with law.

6. Having regard to the submissions made by the learned counsel on either side, taking into consideration the limited prayer sought for in the writ petition, without expressing any opinion with regard to the merits of the case, I direct the 2nd respondent to consider the petitioners' appeal dated 17.02.2014 in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order, after conducting proper enquiry.

With the above observation, the writ petition is disposed of . No costs. Connected miscellaneous petition is closed. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar rg

To 1 The Collector of Coimbatore Collectorate Law College Road Coimbatore.

2 The Revenue Divisional Officer Tiruppur District 3 The Tahsildar Palladam Tiruppur District.

4 The Village Administrative Officer Palladam Tiruppur District.

+1cc to Mr.S.N.Amarnath, Advocate, S.R.No.41933 W.P.No.26749 of 2014 NR(CO) RS(15/06/2017)