V.Gopinath v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 22.07.2021
CORAM
THE HONOURABLE MR.JUSTICE V. BHARATHIDASAN W.P. No. 15070 of 2021 V. Gopinath ... Petitioner Vs 1.The District Collector, Collectorate, Kellys Road, Navalpur, Ranipet-632 401.
2.The Sub Collector, Ranipet-632 401 3.The Revenue Divisional Officer, Ranipet - 632 401.
4.Thasildar, Nemili Taluk, Ranipet 631 051 5.K.Suresh 6.S.Abirami ... Respondents Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the 4th respondent to implement the order of 2nd respondent in O.Mu.A4/4782/2018 dated 17.12.2018 and conclude the enquiry initiated and pass final order within the stipulated time fixed by this Court.
For petitioner ...
Mr. B. Aparna For respondents ...
Mr. Yogesh Kannadasan Government Advocate for R1 to R4
ORDER
This writ petition has been filed seeking a direction to the 4th respondent to complete the enquiry with regard to cancellation of patta and transfer the same in the name of the petitioner.
2. According to the petitioner, in the year 1998, one Gurusamy Mudhaliar has executed a Will in the favour of the petitioner's father, namely, Vijayakumar, who is his great grand son, in respect of the property in Old Survey No.167, New S.No.295/8, and Old S.NO.203, New. S. No. 298/18, Melapulam Madura Motur, Vellore District. Thereafter, petitioner's father was in absolute possession and enjoyment of the same as per the said Will. In the year 2016, when they approached the respondents to transfer patta, they came to know that patta was issued in the name of the one Kamalanathan, who is the eldest son of the said Guruswamy Mudhaliar, without issuing any notice whatsoever. Based on the patta, the said Kamalanathan has executed settlement deed in favour of the respondents 5 and 6 herein and thereafter, patta was also transferred in their name. Hence, the petitioner approached the 2nd respondent to cancel the patta. The 2nd respondent also called report from the Tahsildar/4th respondent as early as on 17.12.2018.
Thereafter, no enquiry was conducted. Hence, the present writ petition has been filed.
3. The learned counsel for the petitioner would submit that since enquiry is pending from the year 2018, the 2nd respondent may be directed to pass orders after hearing the concerned parties.
4. Heard the learned counsel for the petitioner and the learned Government Advocate appearing for the respondents 1 to 4.
5. Considering the facts and circumstances of the case and considering limited prayer sought for in the writ petition, and also the fact that now, the petitioners' representation is pending with the 2nd respondent/Sub-Collector, without going into the merits of the case, the 2nd respondent is directed to consider the petitioners representation and pass suitable orders, on merits and in accordance with law, after giving opportunity to the petitioner as well as the respondents 5 and 6, within a period of twelve (12) weeks from the date of receipt of a copy of this order.
6. With the above directions, this Writ Petition is disposed of. No costs.
Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar mrp To 1.The District Collector, Collectorate, Kellys Road, Navalpur, Ranipet-632 401.
2.The Sub Collector, Ranipet-632 401 3.The Revenue Divisional Officer, Ranipet - 632 401.
4.The Thasildar, Nemili Taluk, Ranipet 631 051.
+1cc to the Government Pleader Sr No.35289 W.P. No. 15070 of 2021 EV (CO) PR (22/09/2021)