Karpagam v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.12.2021

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN W.P.No.26469 of 2021 Karpagam ... Petitioner Vs

1. The District Collector, Chengalpattu District, Chengalpattu.

2. The Revenue Divisional Officer, O/o. The Revenue Divisional Officer, Madhuranthagam, Chengalpattu District.

3. The Tahsildar, Madhuranthagam Tahsildar Office, Madhuranthagam, Chengalpattu District.

4. Sathya ... Respondents Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the second respondent to dispose of the petitioner representation dated 23.08.2021 and cancel the Patta No.867 granted in favour of fourth respondent in respect of the Survey No.383/8B, admeasuring to an extent of 0095 Ares, and Survey No.383/8D, admeasuring to an extent of 0103 Ares, in accordance with the Tamil Nadu Patta Pass Book Act, within the time frame that may be fixed by this Court.

For Petitioner : Mr.A.Venkatesan For Respondents : Mr.V.Jeevagiridharan Additional Government Pleader (for R1 to R3)

ORDER

This writ petition is filed to issue a Writ of Mandamus, to direct the second respondent to dispose of the petitioner's representation dated 23.08.2021 and cancel Patta No.867 granted https://hcservices.ecourts.gov.in/hcservices/

in favour of fourth respondent in respect of the lands comprised in Survey No.383/8B, ad-measuring to an extent of 0095 Ares and Survey No.383/8D, ad-measuring to an extent of 0103 Ares, in accordance with the Tamil Nadu Patta Pass Book Act, within the time frame that may be fixed by this Court.

2. The petitioner filed an appeal before the second respondent against the issuance of patta in favour of the fourth respondent in respect of the lands comprised in Survey No.383/8B, ad-measuring to an extent of 0095 Ares and Survey No.383/8D, ad-measuring to an extent of 0103 Ares on 23.08.2021. However, it is pending without issuance of any notice.

3. Considering the facts and circumstances, the second respondent is directed to issue notice to the petitioner and the fourth respondent on the petitioner's appeal dated 23.08.2021, within a period of two weeks from the date of receipt of a copy of this order and thereafter, the second respondent is directed to conduct enquiry after giving opportunity of hearing to them, pass orders on merits and in accordance with law, within a period of twelve weeks.

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

Sd/- Assistant Registrar(co) //True Copy// Sub Assistant Registrar kv To

1. The District Collector, Chengalpattu District,Chengalpattu.

2. The Revenue Divisional Officer, O/o. The Revenue Divisional Officer, Madhuranthagam, Chengalpattu District.

3. The Tahsildar, Madhuranthagam Tahsildar Office, Madhuranthagam,Chengalpattu District.

+1 cc to Government Pleader Sr.NO.66640 +1 cc to Mr.A.Venkatesan, Advocate Sr.NO. 66030 W.P.No.26469 of 2021 PA(CO) A.SK(03.01.2022) https://hcservices.ecourts.gov.in/hcservices/