G.Padmanaban v. The Revenue Divisional Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :18.12.2020

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH W.P.No.19097 of 2020 and W.M.P.No.23668 of 2020 G.Padmanaban, S/o.(late) G.Govindaraj, No.1-A, 9 Cross Street, Thiruvenkada Nagar, Thiruninravur, Thiruvallur District - 602 024.

... Petitioner Vs.

1.The Revenue Divisional Officer, Ambattur Taluk, Thirumangalam, Thiruvallur District.

2.The Tahsildar, Ambattur Taluk, Thriuvallur District.

3.Ramani, 7/1085, 40th Street, TNHB, Korattur, Chennai 600 049.

4.V.Balasubramanian, S/o.(late) Vadivelu, No.16, Anna Street, Korattur, Chennai 600 080.

5.V.Prabhu Manoharan, S/o.(late) Vadivelu, No.73, Chitoor Road, Tiruthani, Thiruvallur District.

... Respondents Prayer:

This Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the first and second respondents to consider the application dated 18.08.2020 submitted by the petitioner for cancellation of existing computerized patta dated 24.10.2018 issued by the second respondent in the name of Vadivelu, Son of Gangalam Munusamy Reddy & Valla Reddy and consequently direct the first and second respondents to issue patta in the name of

the petitioner in respect of the property bearing Plot No.AP1085, situated at 40th Street, Korattur, Korattur Village, Ambattur Taluk, Thiruvallur District measuring to an extent of 880 sq. ft. comprised in survey No.1028/2A.

For Petitioners: Mr.P.Kumaresan For Respondents: Mr.E.Balamurugan, (for R1 & R2) Special Government Pleader

ORDER

This Writ Petition has been filed for the issue of Writ of Mandamus, directing the respondents to consider the representation made by the petitioners on 18.08.2020, wherein, the petitioners are seeking for the cancellation of the patta granted in favour of the private respondents with respect to the subject property.

2.Mr.E.Balamurugan, learned Special Government Pleader appearing on behalf of respondents 1 and 2 submitted that the 2nd respondent has fixed the date for an enquiry on 23.12.2020 at 11.00 am. The learned counsel submitted that the petitioner can be present at the time of enquiry alongwith all the relevant documents. The learned counsel further submitted that the 2nd respondent will conduct the enquiry and submit a report to the 1st respondent and the 1st respondent will pass final orders within the time fixed by this Court.

3.Taking into consideration the facts and circumstances of the case and also of the fact that the 2nd respondent has already called the petitioners for enquiry, there shall be a direction to the 2nd respondent to conduct the enquiry, after affording opportunity to petitioner and respondents 3 to 5 and the report shall be forwarded to the 1st respondent, within a period of six weeks from the date of receipt of a copy of this order. The 1st 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 directions. Consequently, connected Miscellaneous Petition is closed. No costs.

s/d- Assistant Registrar True Copy Sub-Assistant Registrar

To 1.The Revenue Divisional Officer, Ambattur Taluk, Thirumangalam, Thiruvallur District.

2.The Tahsildar, Ambattur Taluk, Thriuvallur District.

+1 CC to Mr.P.Kumaresan, Advocate sr 42131.

+1 CC to The Government Pleader sr 42262.

W.P.No.19097 of 2020 and W.M.P.No.23668 of 2020 RLD(CO) SP(11/01/2021)