Mohamed Ali, v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.11.2022 CORAM :

THE HONOURABLE MR. JUSTICE M. DHANDAPANI Mohamed Ali ... Petitioner Vs.

1. The District Collector, Villupuram, Villupuram District.

2. The Revenue Divisional Officer, Kallakurichi, Villupuram District.

3. The Tahsildar, Chinnasalem & Taluk, Villupuram District.

4. Krishnan ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the respondents 1 to 3 to consider the petitioner representation dated 04.09.2016 and 19.09.2016 and delete the fourth respondent's name and issue fresh Patta exclusively in my name for the said lands comprised in Survey No.630/8, 630/9 Kachirayapalayam Village, Chinnasalem Taluk, Villupuram District. For Petitioner : Mr.V.R.Kamalanathan For R1 to R3 : Mr.U.Bharanidharan Additional Government Pleader 1/6

O R D E R

This writ petition has been filed seeking for issuance of a Writ of Mandamus to direct the respondents 1 to 3 to consider the petitioner's representations dated 04.09.2016 and 19.09.2016 and delete the fourth respondent's name and issue fresh Patta exclusively in favour of the petitioner for the lands comprised in Survey Nos.630/8, 630/9 situated in Kachirayapalayam Village, Chinnasalem Taluk, Villupuram District.

2. The case of the petitioner that he is the owner of the property in S.No.630/8 to an extent of 7 cents and also owns a house site comprised in S.Nos.630/7 and 630/9 situated in above said Village. However, the petitioner came to know that the name of fourth respondent and one other was erroneously included in the Patta in respect of S.Nos.630/8 and 630/9 issued by the revenue authority. Seeking to exclude the name of the fourth respondent and one Manoharan from the patta in respect of the S.Nos.630/8 and 630/9, the petitioner made representations dated 04.09.2016 and 19.09.2016 before the revenue authorities, pursuant to which the second respondent sent a communication dated 20.09.2016 to the third respondent to conduct enquiry and directed to send a report to the petitioner and the second respondent. However, till date the said enquiry was not conducted. Hence the 2/6

present writ petition.

3. Though very many grounds have been raised in this Writ Petition, learned counsel for the petitioners submits that it would suffice if this Court issues direction to the respondents 1 to 3 to consider the representations dated 04.09.2016 and 19.09.2016 and pass appropriate orders within the time frame that may be fixed by this Court.

4. Learned Additional Government Pleader appearing for the respondents 1 to 3 submitted that earlier this Court vide order dated 15.11.2022 directed to third respondent to conduct enquiry between the petitioner as well as the fourth respondent to pass appropriate orders on or before 28.11.2022, pursuant to which an enquiry notice dated 25.11.2022 was issued by the third respondent and directed the petitioner, said Manoharan and the private respondent to appear before the third respondent with all the relevant documents on or before 30.11.2022. However, the concerned parties have not appeared before the third respondent. Therefore, the third respondent seeks further accommodation for a period of two weeks to pass appropriate orders.

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5. Heard learned counsel appearing on either side and perused the materials placed before this Court.

6. In view of the stand taken by the learned Additional Government Pleader appearing for the respondents 1 to 3, this Court directs the third respondent to conclude the proceedings of the third respondent dated 25.11.2022 and pass appropriate orders, on merits and in accordance with law after affording an opportunity of hearing to the petitioner as well as aggrieved persons if any, including the fourth respondent and said Manoharan within a period of twelve weeks from the date of receipt of a copy of this order.

7. With the above observations and direction, the Writ Petition is disposed of. No costs.

29.11.2022 RAP Index : Yes / No Speaking order : Yes / No 4/6

To

1. The District Collector, Villupuram, Villupuram District.

2. The Revenue Divisional Officer, Kallakurichi, Villupuram District.

3. The Tahsildar, Chinnasalem & Taluk, Villupuram District.

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M.DHANDAPANI, J.

RAP 29.11.2022 6/6