S.Somasundram v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23.11.2020

CORAM

THE HONOURABLE MR.JUSTICE N. ANAND VENKATESH W.P.No.16428 of 2020 S. Somasundaram

...Petitioner

Vs.

1.The District Collector, Cuddalore and District.

2.The Revenue Divisional Officer, Cuddalore and District.

3.The Tahsildar, Kurinchipadi Taluk, Cuddalore District.

...Respondents

Prayer: Writ Petition filed under Section 226 of Constitution of India praying for issuance of Writ of Mandamus directing the respondents to consider my application dated 04.02.2020 and 10.10.2020 to cancel the patta in favour of the Vaniyar General public and issue fresh patta in favour of the Arulmiku Mankalambikai Sametha Kumbeswarar Thirukovil, Kurinchipadi and make appropriate entry in revenue records (A-register, Chitta) with regard to the land in survey No.372/10, 12, 28, 29, 61/1A, 61/9 at Kurinjipadi, Cuddalore District within the time frame fixed by this Court.

For Petitioner : Mr. V.Gunasekar For Respondents : Mr.E.Balamurugane, Spl. Govt.Pleader

O R D E R

This Writ Petition has been filed for issue or Writ of Mandamus directing the respondents to consider the application filed by the petitioner, wherein, the petitioner is seeking for cancellationof patta and for issuance of fresh patta in favour of Arulmiku Mankalambikai Sametha Kumbeswarar Thirukovil, Kurinchipadi.

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2. Mr.E.Balamurugane, learned Special Govt. Pleader, appearing on behalf of the respondents submitted that the patta has been issued in favour of the villagers and this has been objected by the petitioner on the ground that the property belongs to the Temple. The learned Special Govt. Pleader further submitted that the 2nd respondent has taken the representation made by the petitioner on file and has called for an enquiry on 25.11.2020 at 11 a.m. The 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 of the fact that the 2nd respondent has already called the petitioner and the other villagers, in whose favour the patta has been granted, for an enquiry, there shall be a direction to the 2nd respondent to complete the enquiry and pass final orders strictly in accordance with law within a period of twelve weeks from the date of receipt of a copy of this order.

4. This Writ Petition is disposed of with the above directions. No costs.

Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar msr To 1.The District Collector, Cuddalore and District.

2. The Revenue Divisional Officer, Cuddalore and District.

3.The Tahsildar, Kurinchipadi Taluk, Cuddalore District.

+1cc to Mr.V.Gunasekar, Advocate, S.R.No.38010 +1cc to the Government Pleader, S.R.No.37785 W.P.No.16428 of 2020 RGN(CO) KKV/19/12/2020 https://hcservices.ecourts.gov.in/hcservices/