V.Kumarasamy v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06.01.2021
CORAM:
THE HON'BLE MR.JUSTICE N.SESHASAYEE WP.NO.20438 OF 2020 Mr.V.Kumarasamy
...Petitioner
-Vs1. The District Collector, Tiruvallur District, Thiruvalur.
2. The Revenue Divisional Officer, Ponneri Zone, Ponneri, Tiruvallur District.
3. The Tahsildar, Office of the Tahsildar, Gummidipoondi Taluk, Tiruvallur District.
4. V.Malliga
...Respondents
Prayer:
Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the Respondents-2&3 to conduct and complete the enquiry and pass final order in the proceedings Vide Na.Ka.1915/2020/A2 initiated by the 2nd Respondent herein on the Petitioner's Petition dated 11.09.2020 for cancellation of fraudulent Patta Nos.2094 & 2095 in respect of the agricultural Nanja land measuring an extent of Acres 0.79 Cents, comprised in survey No.209/4, situated in Peruvoyal Village, Gummidipoondi Taluk, Thiruvallur District, within a time frame as fixed by this Hon'be Court. For Petitioner : Mr.E.Prabu For R1 to R3 : Mr.G.Rajesh Government Advocate
ORDER
The petitioner has moved the second respondent/RDO, Ponneri Zone to cancel a patta issued in the name of Tmt.V.Malliga, which according to him has been made based on a fabricated sale deed.
2.Heard both sides.
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3.Mr.G.Rajesh, learned Government Advocate takes notice for respondents 1 to 3 and made a statement on instructions that the second respondent has called for a report from the third respondent/Tahsildar, who in turn has required a report from the VAO concerned. He submitted that the enquiry will be held shortly.
4.The second respondent appear to have taken a prompt action on the representation of the petitioner dated 14.09.2020 when he issued a proceedings to the third respondent on 19.09.2020 calling for his report. It is now four months and it appears that there is no forward movement from the third respondent. In these circumstances, this Court now directs the second respondent to hold an enquiry by hearing all the parties who are likely to be affected by his decision to be made on the representation of the petitioner dated 14.09.2020 and after providing them a fair and effective hearing, to dispose of the representation of the petitioner through a speaking order, withing a period of twelve (12) weeks from today (06.01.2021). 5.The learned Government Advocate is required to communicate the operative portion of this order to the Official concerned.
6.The Writ Petition is disposed of accordingly. No costs. Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar Tsg To
1. The District Collector, Tiruvallur District, Thiruvalur.
2. The Revenue Divisional Officer, Ponneri Zone, Ponneri, Tiruvallur District.
3. The Tahsildar, Office of the Tahsildar, Gummidipoondi Taluk, Tiruvallur District.
+1cc to the Government Pleader, S.R.No.898 W.P.No.20438 of 2020 VGII(CO) CS/05/02/2021 https://hcservices.ecourts.gov.in/hcservices/