Madras High CourtWP/19161/2020disposed of

Anitha v. The District Collector

2020-12-18Honourable Mr Justice N. Anand Venkatesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.12.2020

CORAM

THE HONOURABLE MR.JUSTICE N. ANAND VENKATESH W.P.No.19161 of 2020 Anitha .. Petitioner Vs.

1.The District Collector, Chennai 2.The District Revenue Officer, Singaravelar Maligai, Chennai-1.

3.The Tahsildar, Aminjikarai, Chennai.

4.Villivakkam Velu 5.The Revenue Divisional Officer, Anna Nagar, Chennai.

(suo motu impleaded as 5th respondent in this Writ Petition vide order dated 18.12.2020) ..Respondents Prayer: Writ Petition filed under Section 226 of Constitution of India praying for issuance of Writ of Mandamus, directing the 2nd respondent to cancel the patta which stood in the name of the 4th respondent and further restore the patta in the name of Chetpet Purushotaman Naidu in patta No.176 with respect to survey No.155/1 Block No.34, Survey Field No.4, Poonamallee High Road, Koyambedu Village, Chennai measuring 27 cents. For Petitioner : M/s.R.Poornima For Respondents: Mr. Annai Ezhil, Govt. Advocate

O R D E R

The Revenue Divisional Officer, Anna Nagar, South is suomotu added as the 5th respondent in this Writ Petition.

2. 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 21.09.2020, wherein, the petitioner has sought for the removal of the name of the 4th respondent from the revenue records and to restore the revenue records to its original position with respect to the subject property.

https://hcservices.ecourts.gov.in/hcservices/

3. Mr.Annai Ezhil, learned Government Advocate appearing on behalf of the respondents submitted that the 3rd respondent has fixed the date for enquiry on 5.1.2021 at 11 a.m. The learned counsel submitted that the 3rd respondent will conduct the enquiry and submit a report before the 5th respondent and the 5th respondent will thereafter pass final orders in accordance with law.

4. Taking into the facts and circumstances of the case and also of the fact that the third respondent has already called the parties for enquiry, there shall be a direction to the 3rd respondent to conduct enquiry after affording an opportunity to the petitioner and the 4th respondent and a report shall be submitted before the 5th respondent within a period of six weeks from the date of receipt of a copy of this order. The 5th respondent, on receipt of the report shall pass final orders strictly in accordance with law within a period of four weeks thereafter.

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

Sd/- Assistant Registrar //True Copy// msr Sub Assistant Registrar To

1. The District Collector, Chennai

2. The District Revenue Officer, Singaravelar Maligai, Chennai-1.

3. The Tahsildar, Aminjikarai, Chennai.

4. Villivakkam Velu,

5. The Revenue Divisional Officer, Anna Nagar, Chennai.

+1cc to Mr.R.Poornima, Advocate, S.R.No.41884 +1cc to the Government Pleader, S.R.No.42255 W.P.No.19161 of 2020 gmr(CO) rv(04/02/2021) https://hcservices.ecourts.gov.in/hcservices/