Disposed

N.Pavayi v. The District collector

Madras HC25 Aug 2020WP/10097/2020

Case brief

AI extract

What is this about?

This writ petition challenged the cancellation of the petitioner's patta without notice. The court directed the Revenue Divisional Officer to issue notice before initiating cancellation proceedings and taking any decision.

What did the court decide?

Direction to the Revenue Divisional Officer to put the petitioner on notice before initiating cancellation proceedings and to take no decision without an opportunity.

N.Pavayi Vs The District collector — Land Acquisition | Madras HC (2020)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 25.08.2020

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CORAM:

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THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH

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W.P.No.10097 of 2020

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N.Pavayi ...Petitioner
Vs.
1 The District collector
Collectorate
Tiruchengode Road
Namakkal District.
2 The Districit Revenue Officer
Namakkal, Namakkal District.
3 The Revenue Divisional Officer
Namakkal, Namakkal District .
4 The Block Development Officer
Puduchatram,
Namkkal, Namakkal District.
5 The Tahsildar
Namakkal, Namakkal District.
...Respondents
This Writ Petition is filed under Article 226 of the
Constitution of India praying to issue a Writ of Mandamus
forbearing the 5 th Respondent herein from cancelling the patta
and consequently directing the 5 th Respondent herein to dispose
of the petitioner's representation dated 14.07.2020.

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For Petitioner : Mr.W.Camyles Gandhi
For Respondents : Mr.E.Balamurugan
Special Government Pleader

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ORDER

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This Writ Petition has been filed for the issue of a Writ of Mandamus forbearing the 5^th Respondent from cancelling the patta issued in favour of the petitioner.

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https://hcservices.ecourts.gov.in/hcservices/

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The petitioner had been granted Natham Nila Vari Patta. According to the petitioner, she is in possession and enjoyment of the property. The grievance of the petitioner is that the fifth respondent is taking steps to cancel the patta, even without issuing notice to the petitioner. The petitioner, therefore, made a representation to the fifth respondent on 14.07.2020. Since the same was not considered, the present Writ Petition has been filed before this Court.

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Mr.E.Balamurugan, learned Special Government Pleader appearing on behalf of the respondents submitted that the Block Development Officer, Puduchatram Division had already directed the fifth respondent to conduct a Survey and to submit a report to the third respondent, namely, Revenue Divisional Officer, Namakkal District. The Revenue Divisional Officer will, thereafter, conduct an enquiry and take an appropriate decision. The written instructions received by the Special Government Pleader was also brought to the notice of this Court by sending it through E-mail.

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Taking into consideration the facts and circumstances of the case and also the fact that an enquiry is going to be conducted before any decision is taken, there shall be a direction to the third respondent to put the petitioner on notice if in case any proceedings are initiated for cancellation of patta and any decision shall be taken only after affording an opportunity to the petitioner.

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With this, this Writ Petition is disposed of accordingly. No costs.

Sd/-

Assistant Registrar

//True Copy//

Sub Assistant Registrar

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1 The District collector Collectorate

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Tiruchengode Road Namakkal District.

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2 The Districit Revenue Officer Namakkal, Namakkal District.

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3 The Revenue Divisional Officer Namakkal, Namakkal District .

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https://hcservices.ecourts.gov.in/hcservices/

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4 The Block Development Officer Puduchatram,

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Namkkal, Namakkal District.

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5 The Tahsildar

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Namakkal, Namakkal District.

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+1cc to Mr.W.Camyles Gandhi, Advocate in Sr.27642

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+1cc to Government Pleader in Sr.28048

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W.P.No.10097 of 2020

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GJ (CO)
RV (11/09/2020)

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https://hcservices.ecourts.gov.in/hcservices/

N.Pavayi v. The District collector

Case brief

What is this about?

What did the court decide?

N.Pavayi v. The District collector

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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