G.Kothandam v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 15.11.2021
CORAM
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN W.P.NO.24322 OF 2021 G.Kothandam ... Petitioner -Vs1. The District Collector, Tiruvallur District, Tiruvallur.
2. The District Revenue Officer, Tiruvallur District, Tiruvallur.
3. The Revenue Divisional Officer, Ponneri, Tiruvallur District.
4. The Tahsildar, Ponneri Taluk Office, Ponneri, Tiruvallur District.
5. Lakshmi ... Respondents PRAYER:- Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the respondents 1 to 4, to conduct proper enquiry after giving opportunity to the petitioner in respect of the property at S.No.95/3 to an extent of 0.31.5 ares i.e.0.78 cents at No.25, Kumaranchery Village, Ponneri, Tiruvallur District, within a stipulated period and cancel the patta No.3591 granted in favour of the fifth respondent namely Lakshmi, wife of Sekar, relating to the above said property.
For Petitioner : Mr.S.Parthasarathy For R1 to R4 :
Mr.A.Selvendran Special Government Pleader For R5 : Mr.Jaseem
ORDER
This Writ Petition has been filed for the issuance of Writ of Mandamus, directing the respondents 1 to 4, to conduct proper enquiry after giving opportunity to the petitioner in respect of the property comprised in S.No.95/3 to an extent of 0.31.5 ares i.e., 0.78 cents situated at No.25, Kumaranchery Village, Ponneri, Tiruvallur District, within a stipulated period and cancel the patta No.3591 granted in favour of the fifth respondent namely Lakshmi, wife of Sekar, relating to the above said property.
2. Heard Mr.S.Parthasarathy, learned counsel appearing for the petitioner, Mr.A.Selvendran, learned Special Government Pleader appearing for the respondents 1 to 4 and Mr.Jaseem, learned counsel appearing for the fifth respondent.
3. The case of the petitioner is that originally he was issued patta in respect of the property comprised in survey No.95/3 to an extent of 0.31.5 ares situated at No.25, Kumarancheri Village, Ponneri, Tiruvallur District. However, without any notice to the petitioner, it was cancelled and the patta issued in favour of the fifth respondent herein. Therefore, the petitioner submitted a representation to cancel the patta in favour of the fifth respondent before the second respondent. On receipt of the same, the second respondent by the communication dated 14.02.2019 directed the fourth respondent to conduct enquiry and file a report. However, even today, the fourth respondent did not conduct any enquiry because of which, the petitioner was constrained to submit a representation before all the authorities concerned on 12.07.2021. Even today, they did not conduct any enquiry.
4. Considering the above, the petitioner is directed to submit a fresh representation before the third respondent, within a period of two weeks from the date of receipt of a copy of this order, as against the issuance of patta in favour of the fifth respondent in respect of the subject property. On receipt of the same, the third respondent is directed to conduct enquiry, after issuance of notice to the petitioner as well as the fifth respondent, after giving them an opportunity of hearing and submit a report, within a period of twelve weeks thereafter.
5. With the above direction, the writ petition is disposed of. No costs.
Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar Lpp To 1.
The District Collector, Tiruvallur District, Tiruvallur.
2.
The District Revenue Officer, Tiruvallur District, Tiruvallur.
3.
The Revenue Divisional Officer, Ponneri, Tiruvallur District.
4.
The Tahsildar, Ponneri Taluk Office, Ponneri, Tiruvallur District.
+1cc to Mr.S.Parthasarathy, Advocate, S.R.No.58552 +1cc to the Government Pleader, S.R.No.59032 W.P.NO.24322 OF 2021 PA(CO) PBS/06/01/2022