C.Geethalakshmi v. State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 11.11.2024
CORAM
THE HONOURABLE Ms. JUSTICE P.T. ASHA W.P.No. 32946 of 2024 G. Geethalakshmi ... Petitioner V.s
1. State rep by, The District Collector, Office of the Collectorate,
2. The Revenue Divisional Officer, Office of the Collectorate,
3. The Tahsildar, Tirutani Taluk Office,
4. S. Vinoth Pottu
5. S. Padmanabhan ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India 1/6
seeking Writ of Mandamus directing the 2nd respondent to consider the Petitioner's appeal in Na.Ka.No.147/2024/A4 dated 19.01.2024 within a stipulated period that may be fixed by this Court. For Petitioner :
Mr.M.K.Bhoopathy Rajan For Respondents 1 to 3 :
Mr.A.Selvendran Special Government Pleader
ORDER
Aggrieved over the fact that the petitioner's application for cancellation of patta issued in favour of respondents 4 and 5 was not considered has been kept pending without holding an enquiry or hearing the parties, the petitioner is before this Court.
2. The petitioner claims title to the property as her ancestral property. Respondents 4 to 7, who are in no way connected to her family, have created forged and fabricated documents in collusion with the revenue officials and obtained a patta. The petitioner had made an application before the 2nd respondent for cancellation of the patta and the 2/6
enquiry is pending in Na.Ka.No.147/2024/A4 dated 19.01.2024. Aggrieved by the fact that her appeal for cancellation of the patta is pending before the 2nd respondent since 19.01.2024, the petitioner is before this Court.
3. Heard the learned counsels on either side. 4.It is seen that an application for the very same relief had been made by the petitioner to the 1st respondent on 01.08.2023. It appears that on 19.01.2024, the 2nd respondent herein had issued a notice calling upon the petitioner for enquiry on 14.02.2024. Thereafter, there has been no further communication and no orders have been passed.
5. Considering the fact that the 2nd respondent, who had initiated enquiry proceedings and issued a notice to the petitioner for the 3/6
appearance on 14.02.2024, has not proceeded to pass an order, the Writ Petition is allowed and a mandamus is issued to the 2nd respondent to complete the enquiry and pass orders on merits and in accordance with law, after issuing notice to the petitioner and respondents 4 and 5, within a period of 8 weeks from the date of receipt of a copy of this order. No costs.
11.11.2024 Index: Yes/No Speaking order/non-speaking order srn To,
1. The District Collector, Office of the Collectorate,
2. The Revenue Divisional Officer, Office of the Collectorate,
3. The Tahsildar, 4/6
Tirutani Taluk Office, 5/6
P.T.ASHA, J., srn W.P.No. 32946 of 2024 11.11.2024 6/6