P.Thiruvenkadam v. The Sub Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :27.08.2015

CORAM

THE HONOURABLE MR.JUSTICE R.SUBBIAH W.P(MD).No.15547 of 2015 P.Thiruvenkadam

...Petitioner

Vs.

The Sub-Collector, Revenue Divisional Officer, Sivakasi, Virudhunagar District.

... Respondent This Writ Petition has been filed under Article 226 of the Constitution of India praying for a Writ of Mandamus directing the respondent to pass final orders as evidenced his enquiry notice, dated 01.07.2015 within the time limit as fixed by this Court. For petitioner : Mr.R.Singaravelan for Mr.M.Vinoth Singh Misra For Respondent : Mr.S.Kumar, Additional Government Pleader

ORDER

This Writ Petition has been filed praying for a Writ of Mandamus directing the respondent to pass final orders on the petition filed by the petitioner based on the enquiry, dated 10.07.2015.

2. Mr.S.Kumar, learned Additional Government Pleader takes notice for the respondents.

3. By consent, this Writ Petition itself is taken up final disposal.

4. The case of the petitioner is that the petitioner has filed a petition before the Tahsildar, Sattur to cancel the patta granted in favour of his brother by name Radhakrishnan, in respect of the land in Natham Survey No.1149/4, Sirukulam Village, Sattur Taluk, stating that the said property belongs to the father of the petitioner and along with the petitioner, three brothers and two sisters were born to him, but, without getting consent from the petitioner and others, the said Radhakrishnan individually changed the patta of the land in his favour. To that effect, the Tahsildar, Sattur recommended the case of the petitioner to the respondent by his proceedings, dated 21.11.2014 to cancel the patta granted in favour of the brother of the petitioner. The respondent heard the petition filed by the petitioner and issued enquiry notice to the brother of the petitioner on 20.03.2015 and the enquiry date was fixed on 10.04.2015. Thereafter, the next enquiry notice was issued on 01.07.2015 and the date of enquiry was fixed on https://hcservices.ecourts.gov.in/hcservices/

10.07.2015. But, even after completing the enquiry, no final order was passed in the petition filed by the petitioner. Hence, the petitioner has come forward with the present Writ Petition for the above stated relief.

5. Considering the submissions made and also considering the facts and circumstances of the case, this Court directs the respondent to dispose of the petition and pass appropriate orders on merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order.

With the above direction, the Writ Petition is disposed of. No Costs.

Sd/- Assistant Registrar /True Copy/ Sub Assistant Registrar To The Sub-Collector, Revenue Divisional Officer, Sivakasi, Virudhunagar District.

+1cc to Mr.D.Selvanayagam, Advocate SR.No.50076 +1cc to The Special Government Pleader, Madurai. SR.No. 49548 W.P(MD).No.15547 of 2015 27.08.2015 pm NS/SKS-RR/SAR PA/04.09.2015 : 2P/4C https://hcservices.ecourts.gov.in/hcservices/