Mary Priscilla v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 29.06.2022 CORAM :
THE HONOURABLE MR. JUSTICE M. DHANDAPANI W.P. No.16312 of 2022 and W.M.P.No.15641 of 2022 Mary Priscilla ... Petitioner Vs.
1. The District Collector, Thiruvallur District.
2. The District Revenue Officer, Thiruvallur District.
3. The Revenue Divisional Officer, Thiruvallur District.
4. The Tahsildar, Thiruvallur District.
5. The Village Administrative Officer, Keelacherry Village, Thiruvallur District.
... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the 2nd respondent, viz., The District Revenue Officer, Thiruvallur District, to pass necessary orders in respect of the appeal filed by the petitioner and the same pending before the 2nd respondent/DRO, Thiruvallur District, within a time frame that may be fixed by this Court and by also considering the representation made by the 1/6
petitioner dated 11.04.2022 and to take action against the erring officials by the 1st respondent, viz., District Collector, Thiruvallur, who officials had colluded with the third parties and unscrupulous persons in creating, forging and fabricating documents.
For Petitioner : Mr.S.Baskaran For Respondents : Mr.G.Krishna Raja Additional Government Pleader
ORDER
This Writ Petition has been filed seeking for issuance of a Writ of Mandamus to direct the 2nd respondent, viz., The District Revenue Officer, Thiruvallur District, to pass necessary orders in respect of the appeal filed by the petitioner, and the same pending before the 2nd respondent/DRO, Thiruvallur District, within a time frame that may be fixed by this Court and by also considering the representation made by the petitioner dated 11.04.2022 and to take action against the erring officials by the 1st respondent, viz., District Collector, Thiruvallur, and the officials had colluded with the third parties and unscrupulous persons in creating, forging and fabricating documents.
2. The case of the petitioner is that the petitioner is in possession and enjoyment of the property comprised in Survey No.273/2L, situated at Keelacherry Village, Thiruvallur District. While so, one Christopher and John 2/6
Bosco made a complaint on 13.08.2020 before the 3rd respondent/Revenue Divisional Officer to cancel the Patta issued in Survey No.273/2, and based on the same, the 3rd respondent/Revenue Divisional Officer issued direction to the Revenue Officials to conduct enquiry and to file a report. Thereafter, the Revenue Officials have conducted enquiry and submitted a report stating that Survey No.273/2 is classified as Natham land. However, the forged sub division was prepared and the said Christopher and John Bosco created forged Patta. Based on the report filed by the Revenue Officials, the 3rd respondent/Revenue Divisional Officer cancelled the Patta, which was issued in favour of the petitioner alone. Challenging the same, the petitioner preferred an appeal/representation dated 27.12.2021 before the 2nd respondent/District Revenue Officer. However, till date, no order has been passed on the same, and hence, the petitioner has filed the present Writ Petition.
3. Though very many grounds have been raised in this Writ Petition, the learned counsel for the petitioner submitted that it would suffice, if this Court issues direction to the second respondent/District Revenue Officer to consider the petitioner's appeal/representation dated 27.12.2021 and pass order on the same within a particular time frame that may be fixed 3/6
by this Court.
4. The learned Additional Government Pleader appearing for the respondents has no objection for the said order being passed.
5. In view of the aforesaid submissions, this Court, without expressing any opinion on the merits of the case, directs the second respondent/District Revenue Officer to dispose of the petitioner's appeal dated 27.12.2021 after affording an opportunity of hearing to the petitioner as well as the aggrieved person, if any and also considering the Revenue Officials Report on the subject and pass appropriate orders, on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order.
6. With the above observations and directions, this Writ Petition is disposed of. No costs. Consequently, connected Miscellaneous Petition is closed.
29.06.2022 Index : Yes / No Speaking order: Yes/ No jd To 4/6
1. The District Collector, Thiruvallur District.
2. The District Revenue Officer, Thiruvallur District.
3. The Revenue Divisional Officer, Thiruvallur District.
4. The Tahsildar, Thiruvallur District.
5. The Village Administrative Officer, Keelacherry Village, Thiruvallur District.
5/6
M.DHANDAPANI, J.
jd W.P. No.16312 of 2022 29.06.2022 6/6