Thangal Mohamed M.A v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.04.2022
CORAM:
THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE M.A.Thangal Mohamed ... Petitioner /Vs./
1. The District Collector, Office of the Collectorate Building, Ramanathapuram District.
2. The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Paramakudi, Ramanathapuram District.
3. The Tahsildar, Office of the Tahsildar, Paramakudi Taluk, Ramanathapuram District.
... Respondents P RAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the second respondent to conduct an enquiry based on the petitioner's representations dated 10.07.2019 and 22.03.2022 in respect of cancellation of forged patta and conclude the same within time frame as fixed by this Court.
For Petitioner : Mr.Haroon Rasheed For Respondents : Mr.T.Amjad Khan Government Advocate
ORDER
This writ petition has been filed for a Mandamus seeking for a direction to the second respondent to conduct an enquiry based on the petitioner's representations dated 10.07.2019 and 22.03.2022 requesting for cancellation of forged patta issued in the name of twelve persons and conclude the same within a time frame to be fixed by this Court.
2.According to the petitioner, his father, late Mohamed Abubakkar, is the owner of the property comprised in Old Survey No.66/4, New Survey No.3/5, Ward-B, Block-3 measuring to an extent of 0.6000 Square Meters situated at New Street, Emaneswaram, Ramanathapuram District. Fraudulently, the twelve persons colluded together and obtained patta for the property owned by the petitioner's father. In such circumstances, the petitioner has given representations on 10.07.2019 and 22.03.2022 to the second 1/3
respondent seeking for cancellation of patta. Since the said representations have not been considered till date, the petitioner has filed this writ petition.
3.The petitioner has filed documents along with this writ petition to substantiate his case. It is for the respondents to consider the same on merits and in accordance with law. 4.Heard Mr.Haroon Rasheed, learned Counsel for the writ petitioner and Mr.T.Amjad Khan, learned Government Advocate, who accepts notice on behalf of the respondents.
5.The learned Government Advocate appearing on behalf of the respondents, on instructions, would submit that the representations given by the petitioner referred to supra have been taken on record and the second respondent has also initiated proceedings in Na.Ka.No.3/3002/2022, dated 11.04.2022. The said statement is recorded.
6.No prejudice would be caused to the respondents, if the representations of the petitioner are considered on merits and in accordance with law, after affording a fair hearing to the petitioner and other necessary parties, whom the respondents deem fit to enquire.
7.For the foregoing reasons, this Court directs the second respondent to consider the petitioner's representations dated 10.07.2019 and 22.03.2022 seeking for cancellation of patta, which has been taken on file by the second respondent in Na.Ka.No.3/3002/2022, dated 11.04.2022 and pass final orders on merits and in accordance with law, after affording a fair hearing to the petitioner and other necessary parties, whom the second respondent deems fit to enquire, within a period of three [3] months from the date of receipt of a copy of this order. 8.With the above direction, this Writ Petition stands disposed of. There shall be no order as to costs.
Sd/- Assistant Registrar (AS) // True Copy // / /2022 Sub Assistant Registrar(CS) sm 2/3
To
1. The District Collector, Office of the Collectorate Building, Ramanathapuram District.
2. The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Paramakudi, Ramanathapuram District.
3. The Tahsildar, Office of the Tahsildar, Paramakudi Taluk, Ramanathapuram District.
+1 CC to M/s.SPL.GP. ( SR-18614[F] dated 13/04/2022 ) 12.04.2022 SB(CO) KB(25.04.2022) 3P 5C 3/3