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Madras High CourtWP/18891/2020disposed of

S.Kasinathan v. The District Collector

2020-12-16Honourable Mr Justice N. Anand Venkatesh3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :16.12.2020

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH W.P.No.18891 of 2020 S.Kasinathan ... Petitioner Vs.

1.The District Collector, Cuddalore District, Cuddalore.

2.The Sub Collector, Virudhachalam Taluk, 3.The Tashildar, Veppur Taluk, 4.Mrs.Poongothai ... Respondents Prayer:

This Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus directing the 1st and 2nd respondent to consider and pass orders on the Appeal filed by the petitioner dated 02/12/2019 on the file of respondents 1 to 3 herein in accordance with law by issue computer Patta to the petitioner's name after cancel the Joint Patta issued in the name of the petitioner and the 4th respondent's name bearing Survey No.98/2C measuring about 0.46.5 Ares and Survey No.98/4 B measuring about 0.31.0 Ares situated at Adari village, Veppur Taluk, Cuddalore District to secure the ends of justice.

For Petitioner : Mr.M.Velmurugan For Respondents: Mr.G.Rajesh Government Advocate [For R1 to R3]

ORDER

This Writ Petition has been filed for the issue of a Writ of Mandamus directing the respondents to pass orders on the appeal filed by the petitioner on 02.12.2019, wherein the petitioner has sought for the cancellation of the joint patta issued in the name of the petitioner and the 4th respondent and has sought for the issuance of patta in his name with respect to the subject property.

2. Mr.G.Rajesh, learned Government Advocate appearing on behalf of the respondents 1 to 3 submitted that the 2nd respondent has called the parties for enquiry on 18.12.2020 at 11.00 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 parties for enquiry, there shall be a direction to the 2nd respondent to conduct the enquiry after affording opportunity to the petitioner and the 4th respondent and shall pass final orders strictly in accordance with law within a period of six (6) 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(CO) //True Copy// Sub Assistant Registrar Kak To 1.The District Collector, Cuddalore District, Cuddalore.

2.The Sub Collector, Virudhachalam Taluk,

3.The Tashildar, Veppur Taluk, +1cc to the Government Pleader Sr.41853 W.P.No.18891 of 2020 ev[co] srg 08/01/2021