P.Anbalagan v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.12.2021

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN W.P.NO.25954 OF 2021 P.Anbalagan ... Petitioner Vs

1. The District Collector, Dharmapuri, Dharmapuri District.

2. The Revenue Divisional Officer, Dharmapuri, Dharmapuri District.

3. The Tahsildar, Taluk Office, Harur, Dharmapuri District.

4. P.Raji

5. S.Raji

...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 3 to cancel the patta issued in the name of 4th and 5th respondents and issue patta to the petitioner in respect of land in Survey Nos.22/5B, 22/5C and 22/4, 22/2A of Balasamuthiram Village, Pappireddipatti Taluk, Dharmapuri District based on the petitioner's representation dated 22.06.2020.

For Petitioner : Mr.K.Thiruvengadam For Respondents : Mr.S.Rajesh Government Advocate

ORDER

This Writ Petition has been filed for issuance of Writ of Mandamus, directing the respondents 1 to 3 to consider the representation of the petitioner dated 22.06.2020 to cancel the patta issued in the name of fourth and fifth respondents and issue patta to the petitioner in respect of the land comprised in Survey Nos.22/5B, 22/5C and 22/4, 22/2A situated at Balasamuthiram Village, Pappireddipatti Taluk, Dharmapuri District.

2. Heard, Mr.K.Thiruvengadam, learned counsel appearing for the petitioner and Mr.S.Rajesh, learned Government Advocate appearing for the respondents.

3. The petitioner filed an appeal before the second respondent to cancel the patta issued in favour of the fourth and fifth respondent herein in respect of the property comprised in Survey Nos.22/5B, 22/5C and 22/4, 22/2A situated at Balasamuthiram Village, Pappireddipatti Taluk, Dharmapuri District and it is pending for consideration.

4. Considering the above, the second respondent is directed to issue notice to the fourth and fifth respondent within a period of two weeks from the date of receipt of a copy of this order and conduct enquiry, after giving them an opportunity of hearing and pass orders on merits and in accordance with law, within period of twelve weeks thereafter.

5. With the above direction, the Writ Petition is disposed of. No order as to costs.

Sd/- Assistant Registrar(CS-VIII) //True Copy// Sub Assistant Registrar Lpp To

1. The District Collector, Dharmapuri, Dharmapuri District.

2. The Revenue Divisional Officer, Dharmapuri, Dharmapuri District.

3. The Tahsildar, Taluk Office, Harur, Dharmapuri District.

+1cc to Mr.K.Thiruvengadam, Advocate, S.R.No.64534 +1cc to the Government Pleader, S.R.No.65323 W.P.No.25954 of 2021 VBM(CO) RLP(20/12/2021)