G.Kannayiram v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.12.2021

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN W.P.No.26660 of 2021 G.Kannayiram ... Petitioner -Vs1. The District Collector, Thiruvannamalai,

2. The District Revenue Officer, Thiruvannamalai,

3. The Revenue Divisional Officer, Cheyyar Taluk, Thiruvannamalai District 604 407.

4. The Tahsildar, Chetpet, Chetpet Taluk,

5. The Revenue Inspector, Devikapuram, Chetpet Taluk,

6. The Village Administrative Officer, Nachapuram, Nambedu Post, Chetpet Taluk, ... Respondents Prayer :- Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the third respondent herein to consider the petitioner's representation dated 18.10.2021 and consequently cancel the patta No.348 in respect of S.No.111/1 measuring an extent of hectare 0.36.5 in that 0.58 cents situated at Nachapuram, Karipur Village, Chetpet Taluk, Thiruvannamalai District at the earliest point of time as may be fixed by this Hon'ble Court.

For Petitioner : Mr.N.Elumalai For Respondents: Mr.P.Baladhandayutham Special Government Pleader.

ORDER

This Writ Petition has been filed for the issuance of Writ of Mandamus, directing the third respondent herein to consider the petitioner's representation dated 18.10.2021 and consequently cancel the patta No.348 in respect of S.No.111/1 measuring an extent of hectare 0.36.5 in that 0.58 cents situated at Nachapuram, Karipur Village, Chetpet Taluk, Thiruvannamalai District at the earliest point of time as may be fixed by this Hon'ble Court.

2.

Heard Mr.N.Elumalai, learned counsel appearing for the petitioner and Mr.P.Baladhandayutham, learned Special Government Pleader appearing for the respondents. 3.

The petitioner filed an appeal as against the issuance of patta in favour of one Chinnasamy Gounder before the third respondent. Now, the said Chinnasamy Gounder was died and his son is in possession and enjoyment of the property comprised in Survey No.111/1 measuring an extent of hectare 0.36.5 in that 0.58 cents situated at Nachapuram, Karipur Village, Chetpet Taluk, Thiruvannamalai District. The appeal is pending on the file of the third respondent. 4.

Considering the above, the third respondent is directed to issue notice to the petitioner and counter parties if any and after giving an opportunity of hearing to them, pass orders on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order.

5.

With the above directions, this writ petition is disposed of. There shall be no order as to costs. Sd/- Assistant Registrar(CS IX) //True Copy// Sub Assistant Registrar mn To

1. The District Collector, Thiruvannamalai,

2. The District Revenue Officer, Thiruvannamalai,

3. The Revenue Divisional Officer, Cheyyar Taluk, Thiruvannamalai District 604 407.

4. The Tahsildar, Chetpet, Chetpet Taluk,

5. The Revenue Inspector, Devikapuram, Chetpet Taluk,

6. The Village Administrative Officer, Nachapuram, Nambedu Post, Chetpet Taluk, +1 cc to Mr.N.Elumalai, Advocate Sr.NO. 67127 W.P.No.26660 of 2021 RR(CO) A.SK(04.01.2022)