K.Thangaraju v. The District Collector

In the High Court of Judicature at Madras Dated : 09.12.2024 Coram :

The Honourable Ms.Justice P.T.ASHA Writ Petition No.36327 of 2024 & WMP.No.39204 of 2024 K.Thangaraju

...Petitioner

Vs

1. The District Collector, Salem District, Salem.

2. The Sub-Registrar, Magudanchavadi Sub- Registration Office, Salem District.

3. The Revenue Divisional Officer, Sankari, Salem District.

4. The Tahsildar, Sankari Taluk, Salem District.

5. Madhaiyan

6. Suseela

7. Selvi

8. Amutha

9. Vairamani

...Respondents

PETITION under Article 226 of The Constitution of India praying for the issuance of a Writ of Mandamus directing the 3rd respondent to pass final order on the appeal cum representation made by the 1/4

petitioner on 21.6.2024 within a stipulated time in the light of the enquiry notice dated 23.7.2024 made in Na.Ka.No.1879/2022(B). For Petitioner :

Mr.N.Anand For R1 to R4 :

Mr.A.Selvendran, SGP

ORDER

Challenging the order dated 15.12.2021 passed by the Zonal Deputy Tahsildar, Sankari Taluk, Salem District issuing a fraudulent patta in favour of respondents 5 to 9 in respect of the property comprised in S.No.398/3 measuring 1.04 acres and S.No.398/5 measuring 0.71 acres situated at Edanganasalai Bit 1 Village, Sankari Talluk, Salem District, the petitioner filed an appeal dated 21.6.2024 to the third respondent under Section 12 of the Tamil Nadu Patta Passbook Act, 1983. In the said appeal, by proceedings dated 23.7.2024, the third respondent directed the fourth respondent to conduct a field inspection and an inquiry and sent a report to her. Despite that, the fourth respondent has not conducted any inquiry nor undertaken a field inspection for the past four months. Hence the writ petition.

2/4

2. Heard the learned counsel for the petitioner and the learned Special Government Pleader accepting notice for respondents 1 to 4.

3. Considering the limited nature of the prayer and taking into consideration the facts set out herein above, the writ petition is allowed and a Mandamus is issued to the third respondent to consider the appeal dated 21.6.2024 filed by the petitioner on merits and pass final orders in accordance with law within a period of six weeks from the date of receipt of a copy of this order. No costs. Consequently, the connected WMP is closed.

09.12.2024 To

1. The District Collector Salem District Salem.

2. The Sub-Registrar Magudanchavadi Sub Registration Office Salem District.

3. The Revenue Divisional Officer Sankari, Salem District.

4. The Tahsildar Sankari Taluk, Salem District.

RS 3/4

P.T.ASHA,J RS WP.No.36327 of 2024& WMP.No.39204 of 2024 09.12.2024 4/4