Madras High CourtWP/15091/2020disposed of

K.Jayapal v. The District Collector

2020-10-29Honourable Mr Justice N. Anand Venkatesh3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.10.2020

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH W.P.No.15091 of 2020 K.Jayapal ... Petitioner Vs.

1. The District Collector,

2. The Tahsildar,

3. The District Head Surveyor,

4. The President, Devarayapuram Panchayat Office,

5. Mrs.Selvamani ... Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Mandamus, directing the respondents 1 and 2 to cancel the patta bearing No.496 issued to the 4th respondent herein effecting consequential alterations in the FMB sketch relating to the land situated in Singalamkombai Village, Senthamangalam Taluk, comprised in Survey No.152/2 & 154/2C in the light of judgment and decree dated 26.04.2011 passed by the learned District Munsif Judge, Namakkal in O.S.No.205/2010 by considering the petitioner's representation dated 17.08.2020. For Petitioner : Mr.S.Senthil For Respondents : Mr.Arul Doss Govenrment Advocate

O R D E R

This Writ Petition has been filed for the issue of a Writ of Mandamus directing the respondents to consider the representation made by the petitioner on 17.08.2020 wherein the petitioner is seeking for cancellation of patta issued in favour of the 4th respondent with respect to the subject property.

2. Mr,Arul Doss, learned Government Advocate appearing on behalf of the respondents submitted that the second respondent has already fixed a date for enquiry on 04.11.2020 at 04.00 P.M. The learned counsel further submitted that the petitioner can be present at the time of enquiry along with all the relevant documents.

3. Taking into consideration the facts and circumstances of the case and also of the fact that the second respondent has already fixed a date for enquiry, there shall be a direction to the second respondent to afford sufficient opportunity to the petitioner and also other interested parties and pass orders strictly in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order.

4. This Writ Petition is disposed of accordingly. No costs. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar rli To 1.The District Collector,

2. The Tahsildar,

3. The District Head Surveyor, 4.The President Devarayapuram Panchayat Office, +1 cc to M/s.S.Senthil, Advocate Sr.No. 34991 +1 cc to The Government Pleader, Sr.No. 35059 W.P.No.15091 of 2020 LN(CO) RMP(07/12/2020)