A.N.Rajavelu v. The State
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 04.11.2020
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH W.P.No.15397 of 2020 A.N.Rajavelu ...
Petitioner Vs 1 The State, Rep by the District collector, Office of District Collectorate, Chengalpattu District.
2 The Tahsildar Tiruporur Tahsildar office, Tiruporur.
3 The Sub Registrar Sub Registrar office, Tiruporur, Chengalpattu District.
4 A.S. Ganapathy 5 A.M.Kasthuri 6 Vendavarasi 7 A.M. Rajendran
8. The Revenue Divisional Officer, Chengalpattu.
(8th respondent is suo motu impleaded as per order dated 04.11.2020 by NAVJ) ... Respondents Prayer:- Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of mandamus directing the respondents to consider the Petitioners representation dated 31.7.2020 for cancellation of patta vide Patta No 721 issued in favour of 4th and 5th and another patta vide Patta No 648 issued in favour of 4th, 5th and 6th respondents by 2nd Respondent.
For Petitioner :
Mr.S.Sugendran For R1, R2 & R8 :
Mr.E.Balamurugane Special Government Pleader For R3 :
Mr.T.M.Pappaiah, Special Government Pleader
ORDER
The Revenue Divisional Officer, Chengalpattu is suo motu impleaded as the 8th respondent in this writ petition.
2. This writ petition has been filed for the issue of writ of mandamus directing the respondents to consider the representation made by the petitioner on 31.07.2020, wherein the petitioner is seeking for cancellation of patta issued in favour of the 4th and 5th respondents.
3.Mr.E.Balamurugane, learned Special Government Pleader appearing on behalf of the respondents 1, 2 and 8 submitted that the petitioner will have to file a formal appeal before the 8th respondent, since the petitioner is seeking for cancellation of patta issued in favour of the 4th and 5th respondents. The learned Special Government Pleader further submitted that the 2nd respondent has called the parties for a preliminary enquiry on 14.11.2020 at 3.00 p.m. The learned counsel submitted that the petitioner can be present at the time of enquiry along with all the relevant documents. On completion of the preliminary enquiry, a report will be submitted before the 8th respondent and thereafter, the 8th respondent will pass appropriate orders strictly in accordance with law.
4.The learned counsel for the petitioner submitted that the petitioner will file a formal appeal before the 8th respondent within the time stipulated by this Court.
5. Heard Mr.T.M.Pappaiah, learned Special Government Pleader appearing on behalf of the 3rd respondent. 6.Taking into consideration the facts and circumstances of the case, there shall be a direction to the petitioner to file a formal appeal before the 8th respondent on or before 18.11.2020. The 8th respondent shall entertain the said appeal. The 2nd respondent is directed to proceed further with the preliminary enquiry by affording opportunity to the petitioner and respondents 4 to 7. The 2nd respondent shall submit a report before the 8th respondent within a period of six weeks from the date of receipt of copy of this order. The 8th respondent on
receipt of the report shall proceed further to deal with the appeal filed by the petitioner strictly in accordance with law and shall pass final orders within a period of six weeks thereafter.
7. This Writ Petition is disposed of with the above directions. No costs.
Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar lpp To 1 The District collector, Office of District Collectorate, Chengalpattu District.
2 The Tahsildar Tiruporur Tahsildar office, Tiruporur.
3 The Sub Registrar Sub Registrar office, Tiruporur, Chengalpattu District.
4 The Revenue Divisional Officer, Chengalpattu.
+1cc to the Government Pleader, S.R.No.35863 & 36075 WP.No.15397 of 2020 SAI(CO) CS/18/11/2020