← Library
Madras High CourtWP/35726/2024allowed

B.Parameswari v. The Secretary To The Government

2024-12-03Honourable Ms. Justice P.T. Asha6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 03.12.2024

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA W.P.No. 35726 of 2024 & W.M.P.No. 38584 of 2024 B.Parameswari

...Petitioner

Vs.

1.The Secretary to the Government Revenue Department, Secretariat, St George Fort, Chennai 2.The District Collector Office of the District Collector, Thiruvannamalai , 3.The Revenue Divisional Officer Office of the Revenue Divisional Officer, Cheyyar - 604 407, 1/6

4.The Tahsildar Office of the Tahsildar, Vandavasi Town - 604407, 5.Bharathadevi 6.Lakshmi 7.Lakshmi

...Respondents

Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 3rd respondent herein to consider and pass orders on the appeal dated 28.09.2024 submitted by the petitioner under Patta Passbook Act, seeking cancellation of patta bearing numbers 173, 334 and 335 issued in the names of the respondents 5 to 7 and to restore the said lands in survey numbers 199/19, 20 and 21 with survey No.199/16 of Amudur Village, Vandavasi Taluk, Thiruvannamalai District, which was allotted to the School.

For Petitioner :

Mr. V.R.Appaswamee For Respondents :

Mr. S.Jeyachandran 1 to 4 Government Advocate.

2/6

O R D E R

The Writ Petition is filed for the following relief: "To direct the 3rd respondent herein to consider and pass orders on the appeal dated 28.09.2024 submitted by the petitioner under Patta Passbook Act, seeking cancellation of patta bearing numbers 173, 334 and 335 issued in the names of the respondents 5 to 7 and to restore the said lands in survey numbers 199/19, 20 and 21 with survey No.199/16 of Amudur Village, Vandavasi Taluk, Thiruvannamalai District, which was allotted to the School".

2. The petitioner had submitted an appeal dated 28.09.2024 to the 3rd respondent seeking cancellation of patta Nos.173, 334 and 335 issued in the names of respondents 5 to 7 and restore the lands with the School in S.No.199/16.

3. The land in question is a Government Porambokku land out of which 50 Ares had been allotted to the School. Though an appeal has 3/6

been filed on 28.09.2024, the 3rd respondent has not held enquiry in the above. Therefore, the petitioner has come forward by way of this Writ Petition seeking mandamus.

4. Heard the learned counsels on the either side and perused the records.

5. Considering the limited request made by the petitioner, the Writ Petition is allowed. A mandamus is issued to the 3rd respondent to dispose of the appeal dated 28.09.2024 after issuing notice to all concerned, including the petitioner and pass detailed order within a period of 12 weeks, from the date of receipt of a copy of this order.

6. The Writ Petition is allowed. Consequently, the connected miscellaneous petition is closed. No costs.

03.12.2024 Index : Yes/No Internet : Yes/No kan 4/6

To 1.The Secretary to the Government Revenue Department, Secretariat, St George Fort, Chennai 2.The District Collector Office of the District Collector, Thiruvannamalai , 3.The Revenue Divisional Officer Office of the Revenue Divisional Officer, Cheyyar - 604 407, 4.The Tahsildar Office of the Tahsildar, Vandavasi Town - 604407, 5/6

P.T. ASHA. J, kan W.P.No. 35726 of 2024 03.12.2024 6/6