Madras High CourtWP/15643/2020disposed of

K.M.Subramaniam v. The District Collector

2020-11-05Honourable Mr Justice N. Anand Venkatesh3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :05.11.2020

CORAM

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH W.P.No.15643 of 2020 K.M.Subramaniam ..Petitioner Vs.

1.The District Collector Namakkal-637 003 2.The Revenue Divisional Officer Revenue Divisional Office Namakkal-637 003 3.The Tahsildar Rasipuram Taluk Rasipuram 4.M.Kulandaivelu 5.M.Athiyappan ..Respondents Prayer:- Writ petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the 1st respondent to conduct an enquiry on the representation of the petitioner dated 27.02.2018 and pass orders on merits as per Section 10 of the Tamil Nadu Patta Pass Book Act, 1983 read with rule 12 of the Tamil Nadu Patta Pass Book Rules 1987 with regard to modification of entry in patta No.589 in Village Natham Survey No.176/29 to an extent of 996 sq.ft situated at Minnakkal Agraharam Village, Rasipuram Taluk, Namakkal district by including the name of the petitioner along with his brother the 4th respondent herein and delete the name of the 5th respondent.

For Petitioner : Mr.P.Rathnavel For Respondents : Mr.S.N.Parthasarathi, Govt.Advocate for R1 to 3.

ORDER

This writ petition has been filed for the issue of a writ of mandamus directing the respondents to conduct enquiry on the petition submitted by the petitioner on 22.07.2018, wherein the petitinoer is seeking for including his name in the Revenue records with respect to subject properties.

2. Mr.S.N.Parthasarathi, learned Government Advocate appearing on behalf of the respondents 1 to 3 submitted that the 3rd respondent has already fixed a date for enquiry on 27.11.2020 at 11.00 a.m. Learned counsel 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 the fact that the 3rd respondent has already called the parties for enquiry, there shall be a direction to the 3rd respondent to conduct the enquiry after affording sufficient opportunity to the petitioner and respondents 4 and 5 and shall pass final orders strictly in accordance with law within a period of six weeks from the date of receipt of a copy of this order.

This writ petition is disposed of with the above direction. No costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar kpr To 1.The District Collector Namakkal-637 003 2.The Revenue Divisional Officer Revenue Divisional Office Namakkal-637 003

3.The Tahsildar Rasipuram Taluk Rasipuram +1 cc to The Government Pleader, Sr.No. 36092 W.P.No.15643 of 2020 BS(CO) RMP(14/12/2020)