Chellappa .K v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.04.2022

CORAM

THE HONOURABLE MR. JUSTICE ABDUL QUDDHOSE K.Chellappa ... Petitioner Vs.

1.The District Collector, Trichy District, Trichy.

2.The Revenue Divisional Officer, Srirangam Division, Trichy District.

3.The Tahsildar, Marungapuri Taluk, Trichy District.

4.Rajappa

...Respondents

Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents to cancel the patta nos.1712 and 1719 and to issue fresh patta by including the name of the petitioner, Rajamani, Kandhasamy @ Karnan, Selvi and Ponnusamy in respect of the properties in Survey Nos.55/6 and 55/7 by considering his representation dated 09.04.2022 within a time that may be fixed by this Court.

For Petitioner : Mr.K.Navaneetharaja For R-1 to R-3 : Mr.D.Sasikumar, Additional Government Pleader.

ORDER

This Writ Petition has been filed for a Mandamus seeking for a direction to the respondents to cancel the Patta Nos.1712 and 1719 issued in the name of the fourth respondent and thereafter issue a fresh patta in the name of the petitioner, Rajamani, Kandhasamy @ Karnan, Selvi and Ponnusamy in respect of the properties comprised in Survey Nos.55/6 and 55/7 based on the petitioner's representation dated 09.04.2022 within a time frame to be fixed by this Court.

2. According to the petitioner, pattas have been wrongly issued in favour of the fourth respondent for the aforementioned properties through Patta Nos.1712 and 1719. The petitioner seeks for cancellation of the said pattas and has given a representation on 09.04.2022. In the very same representation, he has also sought for 1/3

fresh patta in the name of the petitioner, Rajamani, Kandhasamy @ Karnan, Selvi and Ponnusamy. Since the said representation has not been considered till date, he has filed this Writ Petition.

3. Heard Mr.K.Navaneetharaja, learned counsel for the petitioner and Mr.D.Sasikumar, learned Additional Government Pleader, who accepts notice on behalf of the respondents 1 to 3.

4. The petitioner has filed documents along with the Writ Petition in support of his case. It is for the official respondents to consider the same on merits and in accordance with law.

5. No prejudice would be caused to the respondents, if the petitioner's representation is considered on merits and in accordance with law after affording a fair hearing to the petitioner and the fourth respondent and any other necessary party, whom the second respondent deems fit to enquire.

6. Since the representation was earlier submitted to the District Collector by the petitioner, the petitioner is directed to submit a fresh representation to the second respondent, seeking for cancellation of Patta Nos.1712 and 1719 standing in the name of the fourth respondent and also seeking for issuance of a fresh patta in the name of the petitioner, Rajamani, Kandhasamy @ Karnan, Selvi and Ponnusamy in respect of the properties comprised in Survey Nos.55/6 and 55/7, within a period of one (1) week from the date of receipt of a copy of this order. On receipt of the same, the second respondent is directed to pass final orders on merits and in accordance with law, after affording a fair hearing to the petitioner and the fourth respondent and any other necessary party, whom the second respondent deems fit to enquire, including granting them the right of personal hearing, within a period of twelve (12) weeks thereafter.

7. With the aforesaid direction, this Writ Petition is disposed of. There shall be no order as to costs.

Sd/- Assistant Registrar (CS-III) // True Copy // / /2022 Sub Assistant Registrar(CS) Lm 2/3

To 1.The District Collector, Trichy District, Trichy.

2.The Revenue Divisional Officer, Srirangam Division, Trichy District.

3.The Tahsildar, Marungapuri Taluk, Trichy District.

+1 CC to M/s.SPL.GP ( SR-23193[F] dated 02/05/2022 ) 29.04.2022 RD(16.05.2022) 3P 5C 3/3