← Library
Madras High CourtWP/24618/2021disposed of

M.Sivaprakasam v. The District Collector

2021-11-18Honourable Mr Justice G.K. Ilanthiraiyan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.11.2021

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN W.P.No.24618 of 2021 M.Sivaprakasam

...Petitioner

Vs 1.The District Collector, Erode District, Erode.

2.The Tahsildhar, Modakurichi, Erode District.

3.Lakshmi

...Respondents

Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to consider and pass orders on the basis of the petitioner's representation dated 26.07.2021 and consequently direct the first respondent to cancel the patta in respect of the petitioner's property land in Old Ka.Sa.No.1157 & 1158 to the total extent of 4.00 punjai acre and its re-survey number is 1330/1 with in a stipulated time may be fixed by this Court.

For Petitioner : Mr.G.Pavendhan For Respondents : Mr.Yogesh Kannadasan Special Government Pleader (for R1 & R2)

ORDER

This writ petition is filed to issue a Writ of Mandamus, directing the respondents to consider and pass orders on the basis of the petitioner's representation dated 26.07.2021 and consequently direct the first respondent to cancel the patta in respect of the petitioner's property/land in Old Ka.Sa.Nos.1157 & 1158 to the total extent of 4.00 Punjai acre and its re-Survey Number is 1330/1 within a stipulated time as may be fixed by this Court.

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

2. The petitioner submitted that said representation before the second respondent to cancel the patta issued in favour of the third respondent in respect of the property comprised in respect of the petitioner's property land in Old Ka.Sa.Nos.1157 & 1158 to the total extent of 4.00 punjai acre and its re-survey Number 1330/1. The jurisdictional authority is only Revenue Divisional Officer to deal with the representation submitted by the petitioner.

3. Considering the above facts and circumstances, the petitioner is directed to submit a fresh representation before the concerned jurisdictional Revenue Divisional Officer within a period of two weeks from the date of receipt of a copy of this order. On receipt of the same, the concerned jurisdictional Revenue Divisional Officer is directed to issue notice to the petitioner and the third respondent and other counter parties, if any and after giving opportunity of hearing to them, pass orders on merits and in accordance with law, within a period of twelve weeks thereafter.

4. With the above direction, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar (CS-VIII) //True Copy// Sub Assistant Registrar kv To 1.The District Collector, Erode District, Erode.

2.The Tahsildhar, Modakurichi, Erode District.

+1cc to Mr.G.Pavendhan, Advocate SR. No.59358 W.P.No.24618 of 2021 NRL (CO) PR (02/12/2021) https://hcservices.ecourts.gov.in/hcservices/