Maragathavalli. K v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.11.2023

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH K.Maragathavalli ... Petitioner Vs.

1.The District Collector, Tenkasi District, Tenkasi.

2.The Revenue Divisional Officer, Revenue Divisional Office, Tenkasi District, Tenkasi.

3.The Tahsildar, Alangulam Division, Alangulam, 4.The Inspector of Police, Alangulam Police Station, Alangulam, 5.Esakkiyapillai 6.Gurusamypillai 7.Natarajapillai 1/6

8.Sudalaimuthuthevar 9.Muthukumar 10.Pitchaiyathevar 11.Subbaiahthevar 12.Sankarapandian 13.Krishnan 14.Velayuthathevar 15.Esakkimuthuthevar 16.Sudalaimuthuthevar 17.Pitchammal 18.Inbaraj 19.Kaniya Wind Farms Private Limited, No.85, Kamarajar Salai, Madurai - 9.

Authorized Representative Mr.Murugan 20.Peretal Power Private Limited, Kothari Building, 4th Floor, No.114, M.G.Road, Noongambackam, Chennai - 600 034.

Represented by C.Rajaram 21.The District Registrar (Administration), Department of Registration, Tenkasi, ... Respondents 2/6

PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents 1 to 3 more particularly, the second respondent to consider the petitioner's representation dated 26.08.2021 and cancel the sub divisional Patta in respect of the property bearing Survey Nos.83, 88, 89 and 97 situated at Kasikkuvaaithan Village, Alangulam Circle, Tenkasi District created on the basis of fake and false documents forthwith after conducting detailed enquiry with regard to the petitioner issue in respect of the said property. For Petitioner : Mr.S.Palani Velayutham For R-1 to R-4 : Mr.B.Saravanan, and R-21 Additional Government Pleader For R-18 : Mr.M.Sankar For R-19 and R-20 : Mr.C.S.K.Sathish For R-5 to R-17 : No Appearance

O R D E R

This Writ Petition has been filed for issuance of a Writ of Mandamus directing the second respondent to deal with the representation made by the petitioner on 26.08.2021, wherein the petitioner has sought for cancellation of the patta that stands in the name of the private respondents. 3/6

2. When the matter came up for hearing, it was brought to the notice of this Court that the third respondent is conducting an enquiry in this case and notice was also issued to all the concerned parties. It is also brought to the notice of this Court that at present, the patta stands in the name of the private respondents. Hence, the third respondent shall conduct the enquiry and submit a report before the second respondent and in turn, the second respondent shall pass orders on its own merits and in accordance with law within a period of three (3) months from the date of receipt of a copy of this order. It is made clear that opportunity shall be given to all the interested parties before final order is passed.

3. This Writ Petition is disposed of in the above terms. No costs. 20.11.2023 NCC:yes/no Index:yes/no Internet:yes/no Nsr 4/6

To 1.The District Collector, Tenkasi District, Tenkasi.

2.The Revenue Divisional Officer, Revenue Divisional Office, Tenkasi District, Tenkasi.

3.The Tahsildar, Alangulam Division, Alangulam, 4.The Inspector of Police, Alangulam Police Station, Alangulam, 5.The District Registrar (Administration), Department of Registration, Tenkasi, 5/6

N.ANAND VENKATESH, J.

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