The Order Of The Servants Of Mary v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 04.01.2021 CORAM :
THE HONOURABLE MR. JUSTICE N.SESHASAYEE W.P.No.20026 of 2020 The Order of the Servants of Mary Rep by its Secretary Fr.Francis Xavier OSM Jothi Matha Aalayam No.5/301, Matha Koil Street Rajeev Gandhi Road Okkiyampet Chennai - 600 097.
...Petitioner
Vs.
1. The District Collector Chennai District Chennai.
2. The Tahsildar Shozinganallur Taluk Chennai District.
3. The Regional Deputy Commissioner (South) Corporation of Greater Chennai Dr.Muthulakshmi Salai Adyar, Chennai - 600 020.
4. N.Mani
5. N.Ramachandran
6. N.Jothi
7. N.Kumar @ Jayakumar
8. Parimala
...Respondents
Prayer : Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents 1 and 2, particularly the second respondent to cancel the patta No.9219 issued in favour of the respondents 4 to 8, including the deceased Chockammal
exclusively, affecting the right of way to and fro from the Village Road (preently called as Pillaiyar Koil Street) to Madha Koil Church, situated at No.148, Okkiyamthoraipakkam Village, Sozhinganallur Taluk (formerly Tambaram Taluk and Kancheepuram District), Chennai District, available to the petitioner. For Petitioner : Mr.R.Thanjan For Respondents : Mr.S.N.Parthasarthy Government Advocate [R1 & R2] Mr.M.Ganesan [R3]
ORDER
The present petition is filed seeking cancellation of patta issued in the names of respondents 4 to 8 by the second respondent.
2.Mr.S.N.Parthasarathy, learned Government Advocate apprearing for the respondents 1 and 2 submitted that the petitioner ought to have moved the Revenue Divisional Officer (South Chennai), who is the Competent Authority for considering any request for cancellation of patta.
3. Without getting into the merits of the controversy raised, this Court now requires the petitioner to file a fresh representation for the prayer now sought in this writ petition before the Revenue Divisional Officer (South Chennai), within a period of fifteen (15) days from the date of receipt of a copy of this order. On receipt of such representation, the Revenue Divisional Officer shall hold enquiry after issuing notices to all the parties who are likely to be affected by the order he/she might pass and after holding an enquiry, and providing a fair and effective hearing, dispose of the matter through a speaking order within a period of three months thereafter, in accordance with law.
4. The writ petition is disposed of accordingly. No costs. Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar
ds To:
1. The District Collector Chennai District Chennai.
2. The Tahsildar Shozinganallur Taluk Chennai District.
3. The Regional Deputy Commissioner (South) Corporation of Greater Chennai Dr.Muthulakshmi Salai Adyar, Chennai - 600 020.
+1cc to Mr.R.Thanjan, Advocate, SR441 +1cc to The Government Pleader, SR203 W.P.No.20026 of 2020 CO(JP) BDL/11/01/2021