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Madras High CourtWP/19255/2021disposed of

P.Palanisamy v. The District Collector

2021-11-16Honourable Mr Justice G.K. Ilanthiraiyan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.11.2021

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN W.P.No.19255 of 2021 P.Palanisamy ... Petitioner -Vs1. The District Collector, O/o District Collectrate Salem, Salem.

Salem District.

2. The Sub-Collector-cum- Revenue Divisional Officer, Mettur, Salem District.

3. The Tahsildar, Mettur, Salem District.

4. M.Chandra

5. JeyaPravi

6. Pachiammal

7. Gomathi

8. Vijaykumari

9. Kuavery

10. Akalya

11. Andiyappan ... Respondents Prayer :- Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the first and second respondents to cancel the patta issued in favour of the 7th and 11th respondents in Survey No.161/2 to an extent of 0.97 acres at M.Kallipatti Village and Post, Metur Taluk, Salem District based on the

petitioner appeal date 18.06.2021 within time framed by this Hon'ble Court.

For Petitioner : Mr.P.Tamilavel For R1 to R3 : Mr.A.Selvendran Special Government Pleader.

ORDER

This Writ Petition has been filed for the issuance of Writ of Mandamus, directing the first and second respondents to cancel the patta issued in favour of the 7th and 11th respondents in Survey No.161/2 to an extent of 0.97 acres at M.Kallipatti Village and Post, Metur Taluk, Salem District based on the petitioner appeal date 18.06.2021 within time framed by this Hon'ble Court.

2.

Heard Mr.P.Tamilavel, learned counsel appearing for the petitioner and Mr.A.Selvendran, learned Special Government Pleader appearing for the respondents 1 to 3. 3.

The petitioner filed an appeal before the second respondent against the order of issuance of Patta in favour of the respondents 4 to 11 herein and it is pending on the file of the second respondent. Even till today, the second respondent did not initiate any steps to conduct enquiry on the appeal filed by the petitioner.

4.

Considering the above, the second respondent is directed to dispose of the appeal filed by the petitioner, dated 18.06.2021 after issuing notice to the petitioner and the respondents 4 to 11 herein and after giving them an opportunity of hearing, pass 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.

5.

With the above direction, this writ petition is disposed of. There shall be no order as to costs. Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar mn

To

1. The District Collector, O/o District Collectrate Salem, Salem.

Salem District.

2. The Sub-Collector-cum- Revenue Divisional Officer, Mettur, Salem District.

3. The Tahsildar, Mettur, Salem District.

+1cc to Mr.P.Tamilavel, Advocate, S.R.No.58850 +1cc to the Government Pleader, S.R.No.59475 W.P.No.19255 of 2021 SSD(CO) CT 08/12/2021