Umadevi v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.12.2020

CORAM:

THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH W.P.No.17835 of 2020 Umadevi

...Petitioner

Vs.

1 The District Collector Chengalpattu District 2 The Revenue Divisional Officer Chengalpattu Chengalpattu District 3 The Tahsildar Vandalur Taluk.

Chengalpattu District 4 J.Srinivasan

...Respondents

This Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the 2nd Respondent herein to dispose of the Appeal dated 05.10.2020 sent by the Petitioner to cancel the patta issued in favour of the private respondent herein and issue patta in favour of the petitioner in respect of the petitioner's property situated at No.31, Thalambur Village, comprised in Old Survey No.1 in Paimash No.1 to 12 ,27 to 39 and 54 to 60 in R.S.No.174 in patta No.75 to an extent of 2.5 Acres out of 12.55 Acres and issue patta in favour of the petitioner in accordance with law within a stipulated period. For Petitioner : M/s.A.Thendral For Respondents 1 to 3 : Mr.E.Balamurugan Special Government Pleader

ORDER

This Writ Petition has been filed for the issue of a Writ of Mandamus directing the respondents to dispose of the Appeal filed by the petitioner on 05.10.2020, wherein the petitioner has sought for cancellation of patta issued in favour of the fourth respondent.

2.

Mr.E.Balamurugan, learned Special Government Pleader appearing on behalf of the respondents 1 to 3 submitted that after bifurcation, the file has been transferred to Revenue Divisional Officer (RDO), Tambaram and the said authority has already fixed a date for enquiry on 17.12.2020 at 3.00 p.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 Revenue Divisional Officer (RDO), Tambaram, has already called the parties for enquiry, there shall be a direction to the Revenue Divisional Officer (RDO), Tambaram to conduct enquiry, after providing opportunity to the petitioner and the fourth respondent and 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. 4.

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

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar mra To 1 The District Collector Chengalpattu District 2 The Revenue Divisional Officer Chengalpattu Chengalpattu District 3 The Tahsildar Vandalur Taluk.

Chengalpattu District

4 The Revenue Divisional Officer (RDO), Tambaram.

+1cc to The Government Pleader, SR40672 W.P.No.17835 of 2020 CO(SR) BDL/19/01/2021