Petitioner challenged inaction in patta cancellation proceedings via writ petition. High Court directed the Revenue Divisional Officer to expedite the enquiry and pass orders within four months, after allowing personal hearing. Matter disposed.
Direction to the 2nd respondent to expedite the enquiry and pass appropriate orders on merits within four months.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 07.10.2021
CORAM:
THE HON'BLE MRS.JUSTICE V.BHAVANI SUBBAROYAN
W.P.No.24840 of 2019
and
W.M.P.No.24466 of 2019
N.Perumal ...Petitioner
Versus
Kancheepuram District.
Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing 2nd respondent to expedite the enquiry with regard to the Patta Cancellation Proceedings in respect of lands in S.No.114/1, New S.No.221/3, Mambakkam Village, Thirukazhukundram Taluk, Kancheepuram District, within a time frame to be stipulated by this Court to the proceedings in Na.Ka.No.393/2016/Aa of the 2nd respondent.
For Petitioners : Mr.W.M.Abdul Majeed
For RR 1 to 3 : Mr.V.Veluchamy
Government Advocate
ORDER
This writ petition has been filed for issuance of a Writ of Mandamus to direct the 2nd respondent/RDO to expedite the enquiry with regard to Patta Cancellation Proceedings in respect of lands in S.No.114/1, New S.No.221/3, Mambakkam Village,
Thirukazhukundram Taluk, Kancheepuram District, within a time frame to be stipulated by this Court to the proceedings in Na.Ka.No.393/2016/Aa of the 2nd respondent.
complaint on 08.06.2019 before the Police Station along with other Villagers with a copy of the order dated 18.01.2019 passed by this Court in W.P.No.20366 of 2015 and the said writ petition was filed by the 4th respondent directing the first respondent therein to conduct the enquiry as per Section 145 of the Code of Criminal Procedure for the aforesaid land based on the representation dated 01.12.2014 and the same was ordered on 18.01.2019 by rejecting the said prayer, but, liberty was granted to make a fresh representation, if warranted, whereas, the 4th respondent failed to make the petitioner herein as party to the writ petition. He came to know that the enquiry is still pending and no orders have been passed so far. Hence, The petitioner has no other alternative remedy except to approach this Court under Article 226 of the Constitution of India by filing the writ petition for the relief as stated supra.
4. Heard both side and perused the records.
Sd/Assistant Registrar(CS III)
//True Copy//
Sub Assistant Registrar
gba
To
+1cc to Mr.W.M.Abdul Majeed, Advocate, S.R.No.52715
W.P.No.24840 of 2019 and W.M.P.No.24466 of 2019
JPL(CO) RGA(22/11/2021)
3 issues framed by the court
Whether the Revenue Divisional Officer is bound to expedite the pending patta cancellation enquiry within a stipulated time frame.
Whether the petitioner is entitled to a direction to pass appropriate orders on merits on the pending grievance petition.
Whether the petitioner requires an opportunity of personal hearing before the patta cancellation proceedings are concluded.
N.Perumal
The District Collector, Kancheepuram District
The Revenue Divisional Officer, Chengalpatt
The Tashildar, Thirukazhukundram Taluk
S.Malar
V.BHAVANI SUBBAROYAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
