D.Vasanthi v. The Revenue Divisional Officer,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.03.2020

CORAM

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH W.P.No.27598 of 2019 D.Vasanthi ..Petitioner .v.

1.The Revenue Divisional Officer, Office of the Revenue Divisional Officer, District Collectorate Office, Villupuram 605 103.

2.The Tahsildar, Taluk Office- Tindivanam, Bazar Road, Tindivanam - 604 001, Villupuram District.

3.D.Loganathan 4.Mrs.K.Dhanalakshmi .... Respondents Prayer:- Writ petitions filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, to direct the respondents to consider the representation dated 02.08.2019 to cancel the Patta No.11623 in Rettanai Village Nanja Landed Properties in Survey Nos. detailed below in the Tindivanam Taluk, Villupugam District, PIN: 604 306. Survey Nos:

180/1A Hectare 0-41.00 Acre 1.02 Cents 180/1B Hectare 0-39.00 Acre 0.96 Cents 181/2 Hectare 0-17.00 Acre 0.42 Cents 203/1 Hectare 0-17.00 Acre 0.42Cents 203/2 Hectare 0-08.00 Acre0.20 Cents-EB No.8 Bore Wells 203/5A3 Hectare 0-08.00 Acre 0.20 Cents 203/8A Hectare 0-02.00 Acre 0.05 Cents 204/1A1 Hectare 0-67.00 Acre 1.66 Cents 204/1B Hectare 0-02.00 Acre 0.05 Cents-EB No.168 & Big Well 204/2 Hectare 0-17.00 Acre0.42 Cents-EB No.8 Bore Wells 204/3 Hectare 0-15.00 Acre 0.37 Cents

204/4 Hectare 0-24.00 Acre 0.59 Cents 208/2B Hectare 0-10.50 Acre 0.26 Cents 180/3 Hectare 0-50.50 Acre 1.23 Cents -------- For Petitioner : Mr.C.Samadharma Arasu For R 1 & R 2 : Mr.Purushothaman Additional Government Pleader

O R D E R

This writ petition has been filed for the issue of a writ of mandamus directing the respondents to consider the representation made by the petitioner on 02.08.2019, wherein, the petitioner is seeking for the cancellation of Patta issued in favour of the 4th respondent.

2.The Additional Government Pleader appearing on behalf of the Official respondents submitted that the representation made by the petitioner has already been taken on file and the 2nd respondent has already issued notice to the petitioner and the respondents 3 and 4, to appear for enquiry. The learned Additional Government Pleader submitted that the Tahsildar will conduct an enquiry and place the entire report before the 1st respondent and thereafter, the 1st respondent will pass the final orders.

3.The learned counsel appearing on behalf of the petitioner submitted that the notice has been issued to the petitioner, to appear for enquiry on 18.03.2020 and within such a short time, the petitioner is not in a position to appear before the 2nd respondent.

4.Taking into consideration, the facts and circumstances of the case and the limited relief that has been sought for in this writ petition and also the subsequent development which has been taken place in this case, there shall be a direction to the 2nd respondent, to issue a fresh notice to the petitioner and respondents 3 and 4 by fixing a date for enquiry. On that date, the petitioner and the contesting respondents shall appear before the 2nd respondent and give their statements along with all the documents. The 2nd respondent shall thereafter submit a report before the 1st respondent and the 1st respondent shall deal with the same strictly in accordance with law and pass final orders. This process shall be completed within a period of eight weeks from the date of receipt of copy of the order.

This writ petition is disposed of with the above directions. No costs.

Sd/- Assistant Registrar(CO-MDU) //True Copy// Sub Assistant Registrar KP To 1.The Revenue Divisional Officer, Office of the Revenue Divisional Officer, District Collectorate Office, Villupuram 605 103.

2.The Tahsildar, Taluk Office- Tindivanam, Bazar Road, Tindivanam - 604 001, Villupuram District.

+2cc to Mr.C.Samadharma Arasu, Advocate SR.23970 +2cc to Mr.S.Vaithiyanathan, Advocate SR.24364 +1cc to the Government Pleader SR.24133 W.P.No.27598 of 2019 KP(CO) CB(09/07/2020)