Madras High CourtWP(MD)/7779/2022disposed of

Ramachandran.P v. The District Collector

2022-04-22Honourable Mr Justice Abdul Quddhose3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.04.2022

CORAM:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE 1.P.Ramachandran 2.N.Parimala ... Petitioners Vs.

1.The District Collector, 2.The Revenue Divisional Officer, Trichirapalli.

3.The Tahsildar, Trichirapalli (East) Taluk, Trichirapalli District, 4.The District Registrar, Office of the District Registrar, Registration Department, Trichirapalli.

5.The Sub-Registrar, K.Sathanur Sub-Registrar Office, 6.Periyasamy ... 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 cancel the patta granted in favour of the deceased Chinnammal and further direct the respondents 2 and 3 to implement the proceedings of the second respondent in O.Mu.(A7) 4820/2021, dated 06.12.2021 and O.Mu.(A7) 5264/2021, dated 03.01.2022, within the time stipulated that may be fixed by this Court. For Petitioners : Mr.N.Sudhagar Nagaraj For R-1 to R-5 : Mr.D.Sasikumar, Additional Government Pleader

O R D E R

This writ petition has been filed for a Mandamus seeking a direction to the second respondent to cancel the patta granted in favour of the deceased Chinnammal and further direct the respondents 2 and 3 to implement the proceedings of the second respondent, dated 06.12.2021 and 03.01.2022, within a time frame to be fixed by this Court.

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2.The petitioners seek for cancellation of patta granted in the name of the deceased Chinnammal. The first petitioner has given representations to the respondents on 05.01.2022 and 20.01.2022, for the said purpose. The second respondent has already initiated proceedings, pursuant to the said representations on 06.12.2021 and 03.01.2022.

3.Heard Mr.N.Sudhagar Nagaraj, learned counsel for the petitioners and Mr.D.Sasikumar, learned Additional Government Pleader, who accepts notice on behalf of the respondents 1 to 5. 4.No prejudice will be caused to the respondents, if the first petitioner's representations are considered on merits and in accordance with law, after affording a fair hearing to the petitioners and the 6th respondent and any other necessary party, whom the second respondent deems fit to enquire. The representations given by the first petitioner shall be treated as the statutory appeal filed by the petitioners.

5.For the foregoing reasons, this Court directs the second respondent to pass final orders on the petitioners' statutory appeal, seeking for cancellation of patta standing in the name of the deceased Chinnammal, after affording a fair hearing to the petitioners and the 6th respondent and any other party, whom the second respondent deems fit to enquire, within a period of four months from the date of receipt of a copy of this order. 6.With the aforesaid directions, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar (CRL) // True Copy // / /2022 Sub Assistant Registrar(CS) TM To 1.The District Collector, 2.The Revenue Divisional Officer, Trichirapalli.

3.The Tahsildar, Trichirapalli (East) Taluk, Trichirapalli District, 2/3

4.The District Registrar, Office of the District Registrar, Registration Department, Trichirapalli.

5.The Sub-Registrar, K.Sathanur Sub-Registrar Office, +1 CC to M/s.N.SUDHAGAR NAGARAJ, Advocate ( SR-20844[F] dated 25/04/2022 ) +1 CC to M/s.SPL.GP ( SR-21008[F] dated 25/04/2022 ) 22.04.2022 ARK(CO) KB(06.05.2022) 3P 8C 3/3