Madras High CourtWP/15047/2021disposed of

M.Rajendran v. The District Collector,

2021-07-22Honourable Mr Justice V. Bharathidasan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.07.2021

CORAM

THE HONOURABLE MR.JUSTICE V. BHARATHIDASAN W.P. No. 15047 of 2021 and WMP No.15941 of 2021 M. Rajendran ... Petitioner Vs

1. The District Collector, Chengalpet District, Chengalpet 603 203.

2. The Revenue Divisional Officer, Chengalpet 603 203

3. The Tahsildar, Chengalpet Taluk, Chengalpet 603 203

4. Ravi

...Respondents

Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents 2 and 3 to consider the representation of the petitioner dated 25.06.2019 and to direct the respondents to cancel the invalid patta No.84 stands in the name of Mrs.Mallikeswari, Mr.Ravi and Mrs.Bavani, the legal heirs of Mr.Venkatasamy. For petitioner :

Mr. S. Anandakumar For respondents :

Mr. Yogesh Kannadasan Government Advocate R1 to R3

ORDER

This writ petition has been filed seeking a direction to the 2nd respondent to consider his representation with

regard to cancellation of patta.

2. According to the petitioner, his father and brothers of his father jointly inherited the properties in Survey Nos.22/1A and 22/1C in Konathi, Kattangkolathur Post, Chengalpet Taluk & District. In the year 2008, petitioner's father has executed a settlement deed in favour of the petitioner with respect to his share. While being so, without the knowledge of the petitioner, the 4th respondent, who is son of the petitioner's father's brother, obtained patta in his favour in respect of the entire extent of the above said properties. Hence, the petitioner made a representation to the 2nd respondent/Revenue Divisional Officer to cancel the patta. Based on that, the petitioner was called for an enquiry and he has also appeared for enquiry on 22.10.2019. But, no order has been passed, so far. Hence, the present writ petition has been filed.

3. In view of the nature of the order going to be passed in the writ petition, which no way prejudice the interest of the 4th respondent, notice to the 4th respondent is dispensed with.

4. Heard the learned counsel for the petitioner and the learned Government Advocate appearing for the respondents 1 to 3.

5. Considering the facts and circumstances of the case and considering limited prayer sought for in the writ petition, and also the fact that already enquiry has been commenced, the 2nd respondent is directed to proceed with the enquiry and pass suitable orders, on merits and in accordance with law, after giving opportunity to the petitioner as well as the 4th respondent and other interested parties, if any, 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.

Consequentially, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS-III) // True Copy// Sub Assistant Registrar mrp

1. The District Collector, Chengalpet District, Chengalpet 603 203.

2. The Revenue Divisional Officer, Chengalpet 603 203

3. The Tahsildar, Chengalpet Taluk, Chengalpet 603 203 +1cc to the Government Pleader, S.R.No.35291 W.P. No. 15047 of 2021 GPL(CO) SU(25/08/2021)