Writ petition challenging issuance of joint patta without hearing. Court disposed of petition granting liberty to make detailed representation to rectify patta after personal hearing.
Liberty to petitioner to make detailed representation to rectify joint patta; respondent directed to hold enquiry and hear parties within eight weeks.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED:10.08.2015
Coram
The Hon'ble Mr. Justice M.M.SUNDRESH
W.P.No.15368 of 2013 and M.P.No.1 of 2013
R.Kala .. Petitioner
Vs
1.The State of Tamil Nadu,
rep. by its Chief Secretary,
Chennai.
2.The District Collector,
Villupuram District, Villupuram.
3.The Tahsildar,
Ulundurpet.
4.Thangarasu .. Respondents
Petition filed under Article 226 of the Constitution of India praying to issue a writ of Certiorarified Mandamus to call for the records of the third respondent in issuance of joint patta in favour of petitioner and fourth respondent in patta No.2218 in respect of R.S.441/2A - 42 cents situate at Velur Village, Ulundurpet Taluk, and quash the same and thereby direct the respondents 2 and 3 to restore the above said land in the exclusive patta of the petitioner in patta No.2093 of Velur Village, Ulundurpet Taluk.
The grievance of the petitioner is that for the property belonging to the petitioner, a joint patta has been issued by the third respondent in favour of the fourth respondent and the petitioner, without hearing the petitioner. If that is the case, the petitioner can seek cancellation of the said joint patta before the very same authority.
2.Accordingly, the writ petition stands disposed of, giving liberty to the petitioner to make a detailed representation to the third respondent, seeking to rectify the joint patta issued by the third respondent. As and when such a representation is made, the third respondent will have to pass appropriate orders by conducting enquiry and after affording an opportunity of personal hearing to the petitioner as well as the fourth respondent, within a period of eight weeks thereafter. No costs. consequently, connected miscellaneous petition is closed.
Sd/-
Asst.Registrar (J)
/true copy/
Sub Asst. Registrar
To
1.The Chief Secretary,
State of Tamil Nadu,
Chennai.
2.The District Collector,
Villupuram District,
Villupuram.
3.The Tahsildar,
Ulundurpet.
+1 cc to Mr.N.Suresh Advocate sr.41759
+1 cc to Mr.T.Gandhi, Advocate sr.41571
W.P.No.15368 of 2013 bvr(co) aa24/08/2015
1 issue framed by the court
Whether the petitioners writ of certiorari mandamus calling for records and quashing the joint patta without hearing should be allowed.
1 provisions across 1 enactments
R. Kala
The State of Tamil Nadu rep. by its Chief Secretary, Chennai
The District Collector, Villupuram District
The Tahsildar, Ulundurpet
Thangarasu
M.M. Sundresh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
