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Madras High CourtWP/38418/2024allowed

Ezhumalai v. The District Collector,

2024-12-21Honourable Ms. Justice P.T. Asha5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.12.2024

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA Ezhumalai ... Petitioner Vs.

1.The District Collector, Tiruvannamalai, Tiruvannamalai District.

2.The Revenue Divisional Officer, Tiruvannamalai Taluk, Tiruvannamalai District.

3.The Tahsidlar, Tiruvannamalai Taluk, Tiruvannamalai District.

4.S.Selvaraj

...Respondents

Prayer:- Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Mandamus, Directing the Respondents 1 to 3 to conduct enquiry and cancel the Patta No.11701 for 5 cents out of 31 cents Comprised in S.No.81/1A, 3 and 5 and new S.No. 118 Vengikkal Village, Tiruvannamalai Taluk and District given in favour of the 4th respondent and grant patta for 10 cents to the Petitioner as mentioned in the sale dated 25.06.2012.

1/5

For Petitioner : M/s.R.Rajarajan For Respondents : M/s.M.R.Gokul Krishnan, AGP for R1 to R.3

O R D E R

The above Writ Petition has been filed for the following reliefs:- "Directing the Respondents 1 to 3 to conduct enquiry and cancel the Patta No.11701 for 5 cents out of 31 cents Comprised in S.No.81/1A, 3 and 5 and new S.No.118 Vengikkal Village, Tiruvannamalai Taluk and District given in favour of the 4th respondent and grant patta for 10 cents to the Petitioner as mentioned in the sale dated 25.06.2012.'

2. The main grievance of the petitioner is that his detailed representation dated 01.12.2024 requesting the respondents to conduct a detailed enquiry and cancel patta for the 5 cents of land out of 31 cents of land given in the name of 4th respondent and issue patta to the petitioner for the entire extent of 10 cents of land out of 20 cents of land out of 3.69.0 hectares comprised in Old S.F.No.81/1A, 3 and 5, New S.F.No.118, Vengikkal Village, Tiruvannamalai Taluk and District, has not been considered to date. Therefore, the petitioner is before this Court. 2/5

3. Heard the learned counsel for the petitioner and the learned AGP accepting notice for respondents 1 to 3.

4. Considering the limited prayer that is sought and also considering the fact that the representation made by the petitioner on 01.12.2024 has not been considered to date, a mandamus is issued to the 2nd respondent to consider the representation of the petitioner for conducting an enquiry to cancel the patta issued in favour of the 4th respondent and grant patta to the petitioner. In case of a rejection a speaking order shall be passed. The said exercise shall be completed within a period of 2 months from the date of receipt of a copy of this order.

5. With the above directions, this Writ Petition is allowed. No costs.

21.12.2024 (shr) Index : Yes/No Speaking Order: Yes/No To 3/5

1.The District Collector, Tiruvannamalai, Tiruvannamalai District.

2.The Revenue Divisional Officer, Tiruvannamalai Taluk, Tiruvannamalai District.

3.The Tahsidlar, Tiruvannamalai Taluk, Tiruvannamalai District.

P.T. ASHA . J., 4/5

(shr) 21.12.2024 5/5