M.Rajkumar v. The District Revenue Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :09.12.2020

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH W.P.No.17457 of 2020 M.Rajkumar, M/27 years, S/o. Late.Murugesan, Pounthagaranai Village, Onambakkam Post, Madurantakam Circle, Chengalpet District.

... Petitioner Vs.

1.The District Revenue Officer, Chengalpattu District.

2.The Revenue Divisional Officer, Revenue Divisional Office, Madurantakam.

3.The Tahsildar, The Tahsildar Office, Madurantakam.

4.C.Srinivasan, S/o.Chinnathambi, Chelliamman Koil Street, Bavunthakaranai Village, Onampakkam Post, Maduranthagam Taluk, Chengalpattu District.

Pin: 603 313.

... Respondents Prayer: This Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus directing the 2nd and 3rd respondents to consider the petitioner's representation dated 29.06.2020 for cancelling the patta bearing Patta No.1338 in respect of the nanjai lands belonging to the petitioner measuring 10 1/2 cents out of total extent of 0-21 cents comprised in S.No.14/8C of Irumbedu Revenue Village, Maduranthakam Taluk, Chengalpattu District issued by the 3rd respondent in favour of the petitioner's paternal uncle C.Srinivasan son of Chinnathambi in accordance with law.

For Petitioner : Mr.K.Kaviarasan For Respondents: Mr.A.Aruldoss (for R1 to R3) Government Advocate https://hcservices.ecourts.gov.in/hcservices/

ORDER

This Writ Petition has been filed for the issue of Writ of Mandamus, directing the respondents to consider the representation made by the petitioner on 29.06.2020, wherein the petitioner has sought for cancellation of patta issued in favour of the 4th respondent.

2.Mr.A.Aruldoss, learned Government Advocate appearing on behalf of respondents 1 to 3 submitted that the 3rd respondent has already called the parties for preliminary enquiry on 18.12.2020 at 11.00 am. The learned counsel further submitted that the 3rd respondent will conduct an enquiry and submit a report to the 2nd respondent and thereafter the second respondent will pass orders in accordance with law within the time limit stipulated by this Court.

3.Taking into consideration the facts and circumstances of the case and also of the fact that the 3rd respondent has already called the parties for enquiry, there shall be direction to the 3rd respondent to conduct the enquiry, after affording opportunity to the petitioner and the 4th respondent and he shall submit a report before the 2nd respondent within a period of six weeks from the date of receipt of a copy of this order. The 2nd respondent on receipt of the report shall pass final orders strictly in accordance with law within a period of four weeks thereafter.

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

Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar sai To 1.The District Revenue Officer, Chengalpattu District.

2.The Revenue Divisional Officer, Revenue Divisional Office, Madurantakam.

3.The Tahsildar, The Tahsildar Office, Madurantakam.

+1cc to Mr.K.Kaviarasan , Advocate SR.No. 39979 +1 cc to Government Pleader Sr.No. 40106 W.P.No.17457 of 2020 A.SK(07.01.2021) https://hcservices.ecourts.gov.in/hcservices/