P.L.Nancy Sofia v. The District Collector
In the High Court of Judicature at Madras Dated : 04.12.2024 Coram :
The Honourable Ms.Justice P.T.ASHA Writ Petition No.36195 of 2024 P.L.Nancy Sofia
...Petitioner
Vs 1.The District Collector, Office of the District Collector, Kancheepuram.
2.The Divisional Revenue Officer, Office of the Revenue Divisional Officer, Collectorate, Kancheepuram.
3.The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Sriperumbudur, Kancheepuram District.
4.The Tahsildar, Office of the Tahsildar, Sriperumbudur, Kancheepuram District.
5.The Village Administrative Officer, Sandhavelur Village, Sriperumbudur Taluk, Kancheepuram District.
6.Mr.Abraham Regis Raj
...Respondents
PETITION under Article 226 of The Constitution of India praying for the issuance of a Writ of mandamus directing respondents 3 and 4 1/4
to cancel the patta vide patta No.1406 in respect of the agricultural land bearing survey No.63/4 to an extent of 1.76 cents Sandavellore Village, Sriperumbudur Taluk, Kancheepuram District by considering the appeal in Na.Ka.En.561/2024/A2 dated 22.2.2024. For Petitioner :
Mr.X.Selvam Sounder For R1 to R5 :
Mr.M.R.Gokul Krishnan, AGP
ORDER
The petitioner preferred Appeal No.561/2024/A2 dated 22.2.2024 to the third respondent challenging the order 18.1.2024, in and by which, the fourth respondent had kept the petitioner's representation dated 16.3.2021 seeking cancellation of the patta issued to the sixth respondent pending till the disposal of O.S.No.65 of 2021 on the file of the District Munsif Court, Sriperumbudur.
2. Heard the learned counsel for the petitioner and the learned Additional Government Pleader accepting notice for respondents 1 to 5.
3. The case of the petitioner is that the fourth respondent has kept the matter pending for over three years and ultimately passed 2/4
the order dated 18.1.2024. Challenging the order of the fourth respondent, the petitioner preferred an appeal before the third respondent on 22.2.2024. But, this appeal has also been kept pending. Aggrieved by that, the petitioner is before this Court.
4. The petitioner claims title to the subject property on the basis of intestate succession from his father - late Mr.P.Louis. The sixth respondent set up a rival claim to the subject property on the basis of a fraudulent registered settlement deed dated 21.11.2007 executed in his favour by the fifth respondent, who is none other than his father.
5. Considering the fact that the petitioner's representation dated 16.3.2021 for the cancellation of patta issued in favour of the sixth respondent has been kept pending by the fourth respondent for a long time and that the fourth respondent had deemed it fit to pass orders only on 18.1.2024, the writ petition is allowed and a Mandamus is issued to the third respondent to expedite hearing of the appeal dated 22.2.2024 and dispose of the same within a period of two months from the date of receipt of a copy of this order. No costs. 04.12.2024 3/4
RS P.T.ASHA,J RS To 1.The District Collector, Office of the District Collector, Kancheepuram.
2.The Divisional Revenue Officer, Office of the Revenue Divisional Officer, Collectorate, Kancheepuram.
3.The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Sriperumbudur, Kancheepuram District.
4.The Tahsildar, Office of the Tahsildar, Sriperumbudur, Kancheepuram District.
5.The Village Administrative Officer, Sandhavelur Village, Sriperumbudur Taluk, Kancheepuram District.
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