V.Perumal 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.26510 of 2021 V.Perumal ... Petitioner Vs

1. The District Collector, Office of the District Collector, Thiruvannamalai District, Thiruvannamalai.

2. Revenue Divisional Officer, Office of Revenue Division, Cheyyar Town, Thiruvannamalai District - 604 407.

3. The Thasildar, Office of the Thasildhar, Vandavasi Taluk,

4. The Village Administrative Officer, Office of the Administrative Office, Kilsembedu Village, Vandavasi Taluk,

5. P.Elumalai

...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 consider and pass orders on the Appeal dated 05.08.2021 submitted by the petitioner under Patta Passbook Act requesting to issue separate sub-division Patta to the lands in Survey Nos.73/3, 73/1, 95/5 and 95/6 comprised in Kilsembedu Village, Vandavasi Taluk, Thiruvannamalai District. For Petitioner : Mr.V.R.Appaswamee For Respondents : Mr.P.Baladhandayutham Special Government Pleader (for R1 to R4)

ORDER

This writ petition is filed to issue a Writ of Mandamus, to direct the second respondent to consider and pass orders on the Appeal dated 05.08.2021 submitted by the petitioner under Patta Passbook Act requesting to issue separate sub-division Patta to the lands comprised in Survey Nos.73/3, 73/1, 95/5 and 95/6 situated at Kilsembedu Village, Vandavasi Taluk,

2. The petitioner filed an appeal before the second respondent against the issuance of patta in favour of the fifth respondent in respect of the lands comprised in Survey Nos.73/3, 73/1, 95/5 and 95/6 situated at Kilsembedu Village, Vandavasi Taluk, Thiruvannamalai District under the Tamil Nadu Patta Passbook Act on 05.08.2021. However, the second respondent did not issue any notice to conduct enquiry even till today.

3. Considering the facts and circumstances, the second respondent is directed to issue notice to the petitioner and the fifth respondent on the petitioner's appeal dated 05.08.2021, 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 True Copy// Sub Assistant Registrar kv To

1. The District Collector, Office of the District Collector, Thiruvannamalai District, Thiruvannamalai.

2. The Revenue Divisional Officer, Office of Revenue Division, Cheyyar Town, Thiruvannamalai District - 604 407.

3. The Thasildar, Office of the Thasildhar, Vandavasi Taluk,

4. The Village Administrative Officer, Office of the Administrative Office, Kilsembedu Village, Vandavasi Taluk, +1cc to Mr.V.R.Appaswamee, Advocate, S.R.No.66715 +1cc to the Government Pleader, S.R.No.66612 W.P.No.26510 of 2021 PA[co] NSK 03/01/2022