S.Kathirvel 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.26682 OF 2021 S.Kathirvel ... Petitioner -Vs1. The District Collector, Kallakurichi District, Kallakurichi.

2. The District Revenue Officer, Thirukovilur,

3. The Tahsildar,

4. Kowsalya ... Respondents Prayer :- Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, to direct the respondents 1 to 3 to consider the representation dated 30.07.2021 to cancel the patta issued in the name of the fourth respondent in respect to the property in S.No.163/2 Nannaram Village, Ulundurpet Taluk, Kallakurichi District and to issue joint patta in the name of the petitioner and other legal heirs.

For Petitioner : Mr.B.Abdul Samath For R1 to R3 : Mr.A.M.Ayyadurai Government Advocate

ORDER

This Writ Petition has been filed for the issuance of Writ of Mandamus, to direct the respondents 1 to 3 to consider

the representation dated 30.07.2021 to cancel the patta issued in the name of the fourth respondent in respect to the property in S.No.163/2 Nannaram Village, Ulundurpet Taluk, Kallakurichi District and to issue joint patta in the name of the petitioner and other legal heirs.

2.

Heard Mr.B.Abdul Samath, learned counsel appearing for the petitioner and Mr.A.M.Ayyadurai, learned Government Advocate appearing for the respondents 1 to 3.

3.

The petitioner challenged the patta issued in favour of the fourth respondent by way of an appeal dated 30.07.2021 and it is pending on the file of the Revenue Divisional Officer, Ulunthurpet Taluk, Kallakurichi District.

4.

Considering the above, the Revenue Divisional Officer, Ulunthurpet Taluk, Kallakurichi District, is directed to issue notice to the petitioner and the fourth respondent herein, after giving an opportunity of hearing to them, dispose the same 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, Kallakurichi District, Kallakurichi.

2. The District Revenue Officer, Thirukovilur,

3. The Tahsildar,

4. The Revenue Divisional Officer, +1cc to Mr.B.Abdul Samath, Advocate, S.R.No.67581 +1cc to the Government Pleader, S.R.No.67956 W.P.No.26682 of 2021 RSV(CO) PM/04/01/2022