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Madras High CourtWP/26232/2021disposed of

Pushpa v. The District Collector

2021-12-09Honourable Mr Justice G.K. Ilanthiraiyan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.12.2021

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN W.P.NO.26232 OF 2021 Pushpa

...Petitioner

Vs

1. The District Collector,

2. The Sub-Collector, Arakkonam Revenue Division, Arakkonam Town and Taluk,

3. The Tahsildar, Arokkonam Taluk, Arakkonam,

4. Noorbivi

5. Srinivasan

...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 conclude the enquiry and cancel the patta stands in the name of the fifth respondent, considering recommendation of the third respondent and his subordinates, vide his letter in Na.Ka.No.B1.3151/2012, dated 02.04.2012, and issue patta in favour of the petitioner in respect of the land property in S.No.467/2B1, for an extent of 85 cents, situated at Thakkolam Village, Arakkonam Taluk, Ranipet District. For Petitioner : Mr.L.Pachiyappan for Mr.A.Ramalingam For Respondents : Mr.A.M.Ayyadurai Government Advocate (for R1 to R3)

ORDER

This writ petition is filed to issue a Writ of Mandamus, to direct the second respondent to conclude the enquiry and cancel the patta standing in the name of the fifth respondent, considering the recommendation of the third respondent and his subordinates, vide his letter in Na.Ka.No.B1.3151/2012, dated 02.04.2012, and issue patta in favour of the petitioner in respect of the land property in S.No.467/2B1, for an extent of 85 cents, situated at Thakkolam Village, Arakkonam Taluk, 2.The petitioner submitted a petition to cancel the patta issued in favour of the fifth respondent.

In pursuant to the fabrication of sale deed executed in favour of the fifth respondent by the fourth respondent in the year 2012 itself, the petitioner made several detailed complaints to the official respondents herein and also to the Chief Minister Grievance Cell and it was forwarded to the second respondent for conducting enquiry. After that, the third respondent, by communication dated 02.04.2012, recommended to cancel the patta issued in favour of the fifth respondent in respect of the subject property comprised in S.No.467/2B1. However, no order has been passed by the second respondent even till today.

3. Considering the above facts and circumstances, the second respondent is directed issue fresh notice to the petitioner and the fourth and fifth respondents herein, within a period of two weeks from the date of receipt of a copy of this order. Thereafter, the second respondent is directed to conduct enquiry, after giving opportunity of hearing to the petitioner and the fourth and fifth respondents and pass orders on the recommendation of the third respondent, 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,

2. The Sub-Collector, Arakkonam Revenue Division, Arakkonam Town and Taluk,

3. The Tahsildar, Arokkonam Taluk, Arakkonam, +1cc to Mr.A.Ramalingam, Advocate, S.R.No.65412 +1cc to the Government Pleader, S.R.No.66115 W.P.No.26232 of 2021 JPL(CO) RLP(04/01/2022)