Madras High CourtWP/26985/2012disposed of

P.Sakthivel v. The District Collector

2015-12-09Honourable The Chief Justice,Honourable Mrs Justice Pushpa Sathyanarayana3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.12.2015

CORAM

The Hon'ble MR.SANJAY KISHAN KAUL, CHIEF JUSTICE AND The Hon'ble MRS.JUSTICE PUSHPA SATHYANARAYANA W.P.No.26985 OF 2012 and M.P.No.1 of 2012 P.Sakthivel .. Petitioner Vs.

1.The District Collector, Namakkal District, Namakkal.

2.The District Revenue Officer, Office of the Collectorate, Namakkal.

3.The Revenue Divisional Officer, Thiruchengodu, Namakkal District.

4.The Tahsildar, Paramathivelur Taluk, Namakkal.

5.The President, Vadakaraiathur Village Panchayat, 8/90-A, Vadakuthottam, Jadarpalayam, Paramathivelur Taluk, Namakkal District.

6.The Executive Engineer, Operations and Maintenance, TANGEDCO, Paramathivelur Taluk, Namakkal District.

7.Baghyalakshmi .. Respondents

Writ Petition is filed under Article 226 of the Constitution of India praying for issue of Writ of Mandamus directing the respondents 1 to 4 to evict the 7th respondent from the land in Survey No.758/A3, Jadarpalayam, Vadakaraiathur Melmugam Village, Paramathivelur Taluk, Namakkal District classified as graveyard and consequently the forbear the 6th respondent from restoring electricity supply to the 7th respondent based upon the representation of the petitioner dated 12.6.2012.

For Petitioner : Mr.R.Karthikeyan For Respondents : Mr.V.R.Kamalanathan Addl. Government Pleader for R1 to R5 Mr.S.K.Raameshuwar for R6 Mr.K.Thilageswaran for R7

ORDER

(Order of the Court was made by The Hon'ble Chief Justice) A perusal of the writ petition and the counter-affidavit of the Government authority brings to light that the stand of the Government now is that the patta issued to the seventh respondent was erroneous in view of the previous proceedings and thus, the patta would have to be cancelled. The position remains at that stage.

2. In case the aforesaid is the stand of the official respondents, then the official respondents must proceed further in accordance with law to examine the issue and pass necessary orders after notice to all concerned, especially, the seventh respondent. The exercise be completed within a period of three months from the date of receipt of the order.

3. The writ petition, accordingly, stands disposed of. No costs. Consequently, M.P.No.1 of 2012 is closed. Sd/ ASSISTANT REGISTRAR(CO) /TRUE COPY/ SUB-ASSISTANT REGISTRAR bbr

To 1.The District Collector, Namakkal District, Namakkal.